REVISED 
ORDINANCES 

O  F 

DANVILLE 


OF  THE 
UNIVERSITY 
Of   ILLI  NOIS 

35R.0  773 


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TEE  REVISED  ORDINANCES 
OF  THE 
CITY  OF  DANVILLE 


Published  by  authority  of  the  City  council 
Compiled  and  arranged  by  Peter  Walsh 
and  H.  P.  Blackburn. 


Danville,  111. 
Commercial  steam  print 
1876 


"General  incorporation  law 
of  cities  and  villages" 


Digitized  by 

the  Internet  Archive 

in  2015 

https://archive.org/details/revisedordinanceOOdanv 


CITIES  AND  VILLAGES. 


AN  ACT  to  provide  for  .the  incorporation  of  Cities  and  Villages. 
In  force  July  1,  1872. 

Section.  Section. 

1.  How  city  may  adopt  this  act.  8.    When  county  judge  to  give  notice 

2.  Notice  of  election.  of  election,  etc. 

3.  The  ballots  ;  result.  9.    Term  of  first  officers. 

4.  How  towns  may  become  cities.         10.    Corporate  name — powers. 

5.  Organizing  a  city — petition — elec-  11.    Prior  ordinances,  etc.,  in  force  un- 

tion — result.  til,  etc. 

6.  Courts  to  take  judicial  notice  of  or-  12.    Rights,  etc.,  of  old  corporation  to 

ganization,  etc.  vest  in  new. 

7.  Election  of  officers.  13.    Record  of  result  of  election. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  rep- 
resented  in  the  General  Assembly,  as  follows — 

AETICLE  I. 

OP  THE  ORGANIZATION  OP  CITIES. 

That  any  city  now  existing  in  this  State  may  become  incorpor- 
ated, under  this  act,  in  manner  following:  Whenever  one-eighth 
of  the  legal  voters  of  such  city,  voting  at  the  last  preceding  muni- 
cipal election,  shall  petition  the  mayor  and  council  thereof  to  sub- 
mit the  question  as  to  whether  such  city  shall  become  incorporated 
under  this  act,  to  a  vote  of  the  electors  in  such  city,  it  shall  be  the 
duty  of  such  mayor  and  council  to  submit  such  question  according- 
ly, and  to  appoint  a  time  and  place,  or  places,  at  which  such  vote 
may  be  taken,  and  to  designate  the  persons  who  shall  act  as  judges 
at  such  election ;  but  such  question  shall  not  be  submitted  ,oftener 
than  once  in  four  years. 


I  I  62324 


CITIES  AND  VILLAGES. 


§  2.  The  mayor  of  such  city  shall  give  at  least  thirty  days7 
notice  of  such  election,  by  publishing  a  notice  thereof  in  one  or 
more  newspapers  within  such  city  j  but  if  no  newspaper  is  publish- 
ed therein,  then  by  posting  at  least  five  copies  of  such  notice  in 
each  ward. 

§  3.  The  ballots  to  be  used  at  such  election  shall  be  in  the 
following  form:  "For  city  organization  under  general  law  ;"  or, 
"Against  city  organization  under  general  law."  The  judges  of 
such  election  shall  make  returns  thereof  to  the  city  council,  whose 
duty  it  shall  be  to  canvass  such  returns  and  cause  the  result  of  such 
canvass  to  be  entered  upon  the  records  of  such  city.  If  a  majority 
of  the  votes  cast  at  such  election  shall  be  for  city  organization 
under  general  law,  such  city  shall  thenceforth  be  deemed  to  be  or- 
ganized under  this  act;  and  the  city  officers  then  in  office  shall, 
thereupon,  exercise  the  powers  conferred  upon  like  officers  in  this 
act,  until  their  successors  shall  be  elected  and  qualified. 

§  4.  Any  incorporated  town  in  this  State,  having  a  population 
of  not  less  than  one  thousand  inhabitants,  may  become  incorporat- 
ed as  a  city  in  like  manner  as  hereinbefore  provided;  but  in  all 
such  cases  the  president  and  trustees  of  such  town  shall,  respective- 
ly, perform  the  same  duties  relative  to  such  a  change  of  organiza- 
tion as  is  above  required  to  be  performed  by  the  mayor  and  council 
of  cities. 

§  5.  Whenever  any  area  of  contiguous  territory  in  this  State, 
not  exceeding  four  square  miles,  shall  have  resident  thereon  a 
population  of  not  less  than  one  thousand  inhabitants,  which  shall 
not  already  be  included  within  any  incorporated  town  or  city,  the 
same  may  become  incorporated  as  a  city  in  manner  following : 
Any  fifty  legal  voters  thereof  may  file  in  the  office  of  the  clerk  of 
the  county  court  of  the  county  in  which  such  inhabitants  reside,  a 
petition,  addressed  to  the  judge  of  such  court;  and  if  the  territory 
described  in  said  petition  shall  be  in  more  than  one  county,  then 
the  petition  shall  be  addressed  to  the  judge  of  the  court  where  a 
greater  part  of  such  territory  is  situated;  which  petition  shall  de- 
fine the  boundaries  of  such  proposed  city,  and  state  the  number  of 
inhabitants  residing  within  such  limits,  and  also  state  the  name  of 
such  proposed  city,  and  shall  contain  a  prayer  that  the  question 
he  submitted  to  the  legal  voters  residing  within  such  limits, 
whether  they  will  organize  as  a  city,  under  this  act.  It  shall  be 
the  duty  of  the  county  judge  to  fix  a  time  and  place,  within  the 
boundaries  of  such  proposed  city,  at  which  an  election  may  be 
held,  to  determine  such  question ;  and  such  judge  shall  name  the 
persons  to  act  as  judges  in  holding  such  election,  and  shall  give 
notice  thereof  by  causing  ten  notices  to  be  posted  in  public  places 
wTithin  such  proposed  city.  And  the  third  section  of  this  article 
shall  be  applicable  to  such  election  :  Provided,  that  the  returns  of 
such  election  shall  be  made  to  and  canvassed  by  the  county  judge 
and  any  two  justices  of  the  peace  whom  he  shall  call  to  his  assiip 


CITIES  AND  VILLAGES. 


ance,  instead  of  the  city  council ;  and  the  result  of  such  election 
shall  he  entered  upon  the  records  of  such  county  court.  If  a  ma- 
jority of  the  votes  cast  at  such  election  shall  b„e  "For  city  organi- 
zation under  general  law,"  the  inhabitants  of  such  territory,  des- 
cribed in  such  petition,  shall  be  deemed  to  be  incorporated  as  a 
city,  under  this  act,  and  with  the  name  stated  in  the  petition. 

§  6.  All  courts  in  this  State  shall  take  judicial  notice  of  the 
existence  of  all  villages  and  cities  organized  under  this  act,  and  of 
the  change  of  the  organization  of  any  town  or  city  from  its  origin- 
al organization  to  its  organization  under  this  act ;  and  from  the 
time  of  such  organization,  or  change  of  organization,  the  provis- 
ions of  this  act  shall  be  applicable  to  such  cities  and  villages,  and 
all  laws  in  conflict  therewith  shall  no  longer  be  applicable.  But 
all  laws  or  parts  of  laws  not  inconsistent  with  the  provisions  of 
this  act,  shall  continue  in  force  and  applicable  to  any  such  city 
or  village,  the  same  as  if  such  change  of  organization  had  not 
taken  place. 

§  7.  It  shall  be  the  duty  of  the  president  and  board  of  trus- 
tees of  any  town  which  shall  have  voted  to  change  its  organiza- 
tion to  a  city,  under  this  act,  to  call  and  give  notice  of  an  election 
to  elect  city  officers,  and  to  designate  the  time  and  place  or  places 
of  holding  the  same.  Such  notice  shall  be  published  in  a  news- 
paper, if  there  be  one  within  the  town,  or  posted  in  ten  public 
places,  for  at  least  twenty  days  before  such  election.  Such  presi- 
dent and  trustees  shall  appoint  the  judges  and  clerks  to  hold  such 
election,  canvass  the  returns  thereof,  and  cause  the  result  to  be 
entered  upon  the  records  of  the  town;  and  the  provisions  of  this 
act,  relative  to  the  election  of  city  officers,  shall  be  applicable 
thereto  j  but  at  such  election,  aldermen  may  be  elected  on  a  gen- 
eral ticket. 

§  8.  In  case  of  cities  organizing  under  section  five  (5)  of  this 
article,  the  county  judge  shall  call  and  give  notice  of  the  election, 
and  perform  the  same  duties  relative  thereto  as  is  above  required 
to  be  performed  by  president  and  trustees  of  such  town,  and  in 
canvassing  such  returns  shall  call  to  his  assistance  two  justices  of 
the  peace. 

§  9.  The  city  officers  elected  under  either  of  the  preceding 
sections,  shall  hold  their  respective  offices  until  the  next  succeed- 
ing regular  election  for  such  officers,  respectively,  and  until  their 
successors  are  elected  and  qualified,  as  provided  in  this  act. 

§  10.  Cities  organized  under  this  act  shall  be  bodies  politic 
and  corporate,  under  the  name  and  style  of  "City  of  (name),"  and 
under  such  »ame  may  sue  and  be  sued,  contract  and  be  contracted 
with,  acquire  and  hold  real  and  personal  property  for  corporate 
purposes,  have  a  common  seal  and  change  the  same  at  pleasure, 
and  exercise  all  the  powers  hereinafter  conferred. 

§  11.  AH  ordinances,  resolutions  and  by-laws,  in  force  in  any 
city  or  town  when  it  shall  organize  under  this  act,  shall  continue 


6 


in  full  force  and  effc  itil  repealed  or  amended,  notwithstanding 
such  change  of  oiy  .ition  j  and  the  making  of  such  change  of 
organization  shal"  be  construed  to  effect  a  change  in  the  legal 
identity,  as  a  corpo:  ^tion,  of  such  city  or  town. 

§  12.  All  rights  and  property  of  every  kind  and  description, 
which  were  vested  in  any  municipal  corporation  under  its  former 
organization,  shall  be  deemed  and  held  to  be  vested  in  the  same 
municipal  incorporation  upon  its  becoming  incorporated  under  the 
provisions  of  this  act,  but  no  rights  or  liabilities,  either  in  favor 
of  or  against-  such  corporation,  existing  at  the  time  of  so  becoming 
incorporated  under  this  act,  and  no  suit  or  prosecution  of  any 
kind,  shall  be  affected  by  such  change,  but  the  same  shall  stand 
and  progress  as  if  no  change  had  been  made  :  Provided,  that  when 
a  different  remedy  is  given  by  this  act,  which  may  properly  be 
made  applicable  to  any  right  existing  at  the  time  of  such  city  so 
becoming  incorporated  under  this  act,  the  same  shall  be  deemed 
cumulative  to  the  remedies  before  provided,  and  used  accordingly. 

§  13.  The  corporate  authorities  of  any  city  or  village  which 
may  become  organized  under  this  act  shall,  within  three  months 
after  organization  hereunder,  cause  to  be  filed  in  the  office  of  the 
recorder  of  deeds,  in  the  county  in  which  such  city  or  village  is 
situated,  a  certified  copy  of  the  entry  made  upon  the  records  of 
the  city,  village  or  county  court,  of  the  canvass  of  the  votes,  show- 
ing the  result  of  such  election,  whereby  such  city  or  village  be- 
came so  organized — and  such  recorder  of  deeds  shall  record  the 
same.  And  such  corporate  authorities  shall  also  cause  a  like  cer- 
tificate to  be  filed  in  the  office  of  the  Secretary  of  State,  who  shall 
file  the  same,  and  keep  a  registry  of  cities  and  villages  organized 
under  this  act. 


CITIES  AND  VILLAGES. 


7 


AETICLE  II. 

OF  THE  MAYOR. 


Section. 

1.  Mayor — his  qualifications. 

2.  Vacancy  one  year  or  more. 

3.  Vacancy  less  than  year. 

4.  Mayor  pro  tern. 

5.  Vacancy  by  removal  from  city. 

6.  Mayor  to  preside — casting  vote. 

7.  When  he  may  remove  officers. 

8.  His  powers  to  keep  peace. 

9.  Release  of  prisoners. 


Section. 

10.  General  Duties. 

11.  To  examine  records,  etc. 

12.  Messages  to  council. 

13.  To  call  out  militia,  etc. — riots,  etc 

14.  Misconduct,  etc.,  of  mayor  or  other 

officer — penalty. 

15.  Revising  ordidances  after  change  of 

organization. 


Section  1.  The  chief  executive  officer  of  a  city  shall  be  a 
mayor,  who  shall  be  a  citizen  of  the  United  States,  a  qualified 
elector,  reside  within  the  city  limits,  and  hold  his  office  for  two 
years  and  until  his  successor  is  elected  and  qualified. 

§  %.  Whenever  a  vacancy  shall  happen  in  the  office  of  the 
mayor,  when  the  unexpired  term  shall  be  one  year  or  over  from 
the  date  when  the  vacancy  occurs,  it  shall  be  filled  by  an  election. 

§  3.  If  the  vacancy  is  less  than  one  year,  the  city  council 
shall  elect  one  of  its  number  to  act  as  mayor,  who  shall  possess 
all  the  rights  and  powers  of  the  mayor  until  the  next  annual  elec- 
tion, and  until  his  successor  is  elected  and  qualified. 

§  4.  During  a  temporary  absence  or  disability  of  the  mayor, 
the  city  council  shall  elect  one  of  its  number  to  act  as  mayor  pro 
tern.,  who,  during  such  absence  or  disability,  shall  possess  the  pow- 
ers of  mayor. 

§  5.  If  the  mayor,  at  any  time  during  the  term  of  his  office, 
shall  remove  from  the  limits  of  the  city,  his  office  shall  thereby 
become  vacant. 

§  6.  The  mayor  shall  preside  at  all  meetings  of  the  city  coun- 
cil, but  shall  not  vote  except  in  case  of  a  tie,  when  he  shall  give 
the  casting  vote. 

§  7.  The  mayor  shall  have  power  to  remove  any  officer  ap- 
pointed by  him,  on  any  former  charge,  whenever  he  shall  be  of 
the  opinion  that  the  interests  of  the  city  demand  such  removal; 
but  he  shall  report  the  reasons  for  such  removal  to  the  council  at 
its  next  regular  meeting. 

§  8.  He  may  exercise,  within  the  Q\ty  limits,  the  powers  con- 
ferred upon  sheriffs,  to  suppress  disorder  and  keep  the  peace. 

§  9.  He  may  release  any  person  imprisoned  for  violation  of 
any  city  ordinance,  and  shall  report  such  release,  with  the  cause 
thereof,  to  the  council  at  its  first  session  thereafter. 

§  10.  He  shall  perform  all  such  duties  as  are  or  may  be  pre- 
scribed by  law  or  by  the  city  ordinances,  and  shall  take  care  that 
the  laws  and  ordinances  are  faithfully  executed. 

§  11.    He  shall  have  power  at  all  times  to  examine  and 


8 


CITIES  AND  VILLAGi 


inspect  the  books,  records  and  papers  of  any  agent,  employe  or 
officer  of  the  city. 

§  12.  The  mayor  shall  annually,  and  from  time  to  time,  give 
the  council  information  relative  to  the  affairs  of  the  city  and  shall 
recommend  for  their  consideration  such  measures  as  he  may  deem 
expedient. 

§  13.  He  shall  have  power,  when  necessaiy,  to  call  on  every 
male  inhabitant  of  the  city  over  the  age  of  eighteen  years  to  aid 
in  enforcing  the  laws  and  ordinances,  and  to  call  out  the  militia 
to  aid  in  suppressing  riots  and  other  disorderly  conduct,  or  carry- 
ing into  effect  any  law  or  ordinance,  subject  to  the  authority  of 
the  governor  as  commander-in-chief  of  the  militia. 

§  14.  In  case  the  mayor  or  any  other  municipal  officer  shall 
at  any  time  be  guilty  of  a  palpable  omission  of  duty,  or  shall 
willfully  and  corruptly  be  guilty  of  oppression,  malconduct  or 
misfeasance  in  the  discharge  of  the  duties  of  his  office,  he  shall  be 
liable  to  indictment  in  any  court  of  competent  jurisdiction,  and, 
on  conviction,  shall  be  fined  in  a  sum  not  exceeding  one  thousand 
dollars;  and  the  court  in  which  such  conviction  shall  be  had,  shall 
enter  an  order  removing  such  officer  from  office. 

§  15.  He  may  appoint,  by  and  with  the  advice  and  consent 
of  the  city  council,  immediately  after  such  change  of  organization, 
one  or  more  competent  persons  to  prepare  and  submit  to  the  city 
council  for  their  adoption  or  rejection,  an  ordinance  in  revision  of 
the  ordinances  of  such  city,  and  for  the  government  of  such  city, 
the  compensation  of  such  reviser  or  revisers  to  be  determined  and 
rixed  by  the  city  council  and  paid  out  of  the  city  treasury. 

 o  

AETICLE  III. 


OF  THE  CITY  COUNCIL. 


Section. 

Section. 

•  1. 

Council — how  composed. 

12. 

Journal  shall  be  kept. 

Number  of  aldermen. 

13. 

Yeas  and  nays — record — vote  re- 

Term of  office  of  aldermen. 

quired. 

4. 

Vacancy. 

14. 

Not  rescind  vote  at  special  meet- 

5. 

Qualifications  of  aldermen. 

ing  unless,  etc. 

6. 

Council   judge  of    election  and 

15. 

When  report  laid  over. 

qualification  of  members. 

16. 

Territorial  jurisdiction. 

7. 

Rules — expulsion — bribery. 

17. 

Special  meetings. 

8. 

Quorum — compelling  attendance. 

18. 

Ordinances — appeal — veto. 

9. 

Meetings. 

19. 

Reconsideration  —  passing  over 

10. 

Chairman  pro  tern. 

veto. 

11. 

Open  doors. 

Section  1.  The  city  council  shall  consist  of  the  mayor  and 
aldermen. 


CITIES  AND  VILLAGES. 


9 


§  2.  The  number  of  aldermen,  when  not  elected  by  the 
minority  representation  plan,  shall  be  as  follows  :  In  cities  not 
exceeding  three  thousand  inhabitants,  six  aldermen;  exceeding 
three  thousand  but  not  exceeding  five  thousand,  eight  aldermen  ; 
exceeding  five  thousand  and  not  exceeding  ten  thousand,  ten 
aldermen  j  exceeding  ten  thousand  and  not  exceeding  thirty 
thousand,  fourteen  aldermen;  and  two  additional  aldermen  for 
every  twenty  thousand  inhabitants  over  thirty  thousand:  Pro- 
vided, however,  that  in  cities  of  over  one  hundred  thousand 
(100,000)  inhabitants,  there  shall  be  elected  thirty-six  aldermen, 
and  no  more. 

§  3.  Aldermen  shall  hold  their  office  for  the  term  of  two 
years,  and  until  their  successors  are  elected  and  qualified. 

§  4.  If  any  vacancy  shall  occur  in  the  office  of  alderman  by 
death,  resignation,  removal  or  otherwise,  such  vacancy  shall  be 
tilled  by  election. 

§  5.  No  person  shall  be  eligible  to  the  office  of  alderman 
unless  he  shall  be  a  qualified  elector,  and  reside  within  the  ward 
for  which  he  is  elected,  nor  shall  he  be  eligible  if  he  is  in  arrears 
in  the  payment  of  any  tax  or  other  liability  due  to  the  city;  nor 
shall  he  be  direr-try  or  indirectly  interested  in  any  contract  whatever 
to  which  the  city  is  a  party;  nor  shall  he  be  eligible  if  he  shall 
have  been  convicted  of  malfeasance,  bribery  or  other  corrupt 
practices  or  crimes;  nt>r  shall  he  be  eligible  to  any  office,  the  sal- 
ary of  which  is  payable  out  of  the  city  treasury,  if  at  the  time  of 
his  appointment  he  shall  be  a  member  of  the  city  council ;  nor 
shall  any  member  of  the  city  council  at  the  same  time  hold  any 
other  office  under  the  city  government;  nor  shall  he  be  either 
directly  or  indirectly,  individually,  or  as  a  member  of  a  firm, 
engaged  in  any  business  transaction  (other  than  official)  with  such 
city,  through  its  mayor  or  any  of  its  authorized  boards,  agents  or 
attorneys,  whereby  any  money  is  to  be  paid,  directly  or  indirectly, 
out  of  the  city  treasury  to  such  member  or  firms. 

§  6.  The  city  council  shall  be  judge  of  the  election  and 
qualification  of  its  own  members. 

§  7.  It  shall  determine  its  own  rules  of  proceeding,  punish 
its  members  for  disorderly  conduct,  and  with  the  concurrence  of 
two-thirds  of  the  aldermen  elect,  may  expel  a  member,  but  not  a 
second  time  for  the  same  offense  :  Provided,  that  any  alderman 
or  councilman  who  shall  have  been  convicted  of  bribery  shall 
there  by  be  deemed  to  have  vacated  his  office. 

§  8.  A  majority  of  the  aldermen  elect  shall  constitute  a  quo- 
rum to  do  business,  but  a  smaller  number  may  adjourn  from  time 
to  time,  and  may  compel  the  attendance  of  absentees,  under  such 
penalties  as  may  be /prescribed  by  ordinance. 

§  9.    The  city  council  may  prescribe,  by  ordinance,  the  times 
and  places  of  the  meeting  thereof,  and  the  manner  in  which  special 
meetings  thereof  may  be  called. 
(3) 


10 


CITIES  AND  VILLAGES* 


§  10.  It  may  elect  a  temporary  chairman  in  the  absence  of 
the  mayor. 

§  11.    It  shall  sit  with  open  doors. 

§  12.    It  shall  keep  a  journal  of  its  own  proceedings. 

§  13.  The  yeas  and  nays  shall  be  taken  upon  the  passage  of 
all  ordinances,  and  on  all  propositions  to  create  any  liability 
against  the  city,  or  for  the  expenditure  or  appropriation  of  its 
money,  and  in  all  other  cases  at  the  request  of  any  member,  which 
shall  be  entered  on  the  journal  of  its  proceedings;  and  the 
concurrence  of  a  majority  of  all  the  members  elected  in  the  city 
council  shall  be  necessary  to  the  passage  of  any  such  ordinance 
or  proposition  :  Provided,  it  shall  require  two-thirds  of  all  the 
aldermen  elect  to  sell  any  city  or  school  property. 

§  14.  Ko  vote  of  the  city  council  shall  be  reconsidered  or 
rescinded  at  a  special  meeting,  unless  at  such  special  meeting 
there  be  present  as  large  a  number  of  aldermen  as  were  present 
when  such  vote  was  taken. 

§  15.  Any  report  of  a  committee  of  the  council  shall  be 
deferred  for  final  action  thereon,  to  the  next  regular  meeting  of 
the  same  after  the  report  is  made,  upon  the  request  of  any  two 
aldermen  present. 

§  16.  The  city  council  and  board  of  trustees  shall  also  have 
jurisdiction  in  and  over  all  places  within  one-half  mile  of  the  city 
or  village  limits,  for  the  purpose  of  enforcing  health  and  quaran- 
tine ordinances  and  regulations  thereof. 

§  17.  The  mayor  or  any  three  aldermen  may  call  special 
meetings  of  the  city  council. 

§  18.  All  ordinances  passed  by  the  city  council  shall,  before 
they  take  effect,  be  deposited  in  the  office  of  the  city  clerk  j  and 
if  the  mayor  approves  thereof,  he  shall  sign  the  same,  and  such  as 
he  shall  not  approve  he  shall  return  to  the  council,  with  his  objec- 
tions thereto,  in  writing,  at  the  next  regular  meeting  of  the  council 
occurring  not  less  than  five  days  after  the  passage  thereof.  Such 
veto  may  extend  to  any  one  or  more  items  or  appropriations  con- 
tained in  any  ordinance  making  an  appropriation,  or  to  the  entire 
'dinance;  and  in  case  the  veto  only  extends  to  a  part  of  such 
.inance,  the  residue  thereof  shall  take  effect  and  be  in  force, 
.but  in  case  the  mayor  shall  fail  to  return  any  ordinance,  with  his 
objections  thereto,  by  the  time  aforesaid,  he  shall  be  deemed  to 
have  approved  such  ordinance,  and  the  same  shall  take  effect 
accordingly. 

§  19.  Upon  the  return  of  any  ordinance  by  the 'mayor,  the 
vote  by  which  the  same  was  passed  shall  be  reconsidered  by  the 
council ;  and  if,  after  such  reconsideration,  two-thirds  of  all  the 
members  elected  to  the  city  council  shall  agree,  by  yeas  and  nays, 
to  pass  the  same7it  shall  go  into  effect;  notwithstanding  the  mayor 


CITIES  AND  VILLAGES. 


11 


may  refuse  to  approve  thereof.  The  vote  to  pass  the  same  over 
the  mayor's  veto  shall  be  taken  by  yeas  and  nays,  and  entered  on 
the  journal. 


ARTICLE  IV. 

ELECTIONS. 

Section.  g  Section. 

1.  Annual  election.  9.    Council  to  designate  place  of  elec- 

2.  Election  of  mayor.  tion — notice. 

3.  Who  entitled  to  vote.  10.    Manner  of  conducting  elections. 

4.  Wards.  11.    Result— tie. 

5.  Aldermen  at  first  election — classi-   12.    Notice  to  persons  elected  or  ap- 

fied.  pointed. 

6.  Minority  representation.  13.    Where  no  quorum  in  office — special 

7.  Aldermen  under  minority  repre-  election. 

sentation.  14.    Special  election. 

8.  Aldermen  when  minority  plan  not 

adopted. 

Section  1.  A  general  election  for  city  officers  dhall  be  held 
on  the  third  Tuesday  of  April  of  each  year. 

§  2.  At  the  general  election  held  in  eighteen  hundred  and 
seventy-three,  and  biennially  thereafter,  a  mayor  shall  be  elected 
in  each  city. 

§  3.  All  persons  entitled  to  vote  at  any  general  election  for 
state  officers  within  any  city  or  village,  having  resided  therein 
thirty  days  next  preceding  thereto,  may  vote  at  any  election  for 
city  or  village  officers. 

§  4.    The  city  council  may,  from  time  to  time,  divide  the  city 
into  one  half  as  many  wards  as  the  total  number  of  aldermen  to 
which  the  city  is  entitled,  and  one  alderman,  shall,  annually,  b 
elected  in  and  for  each  ward,  to  hold  his  office  for  two  years,  a 
until  his  successor  is  elected  and  qualified.    In  the  formatio' 
wards,  the  population  of  each  shall  be  as  nearly  equal,  and  l 
ward  shall  be  of  as  compact  and  contiguous  territory  as  practic- 
able. 

§  5.  At  the  first  election  under  this  act,  there  shall  be  elected 
the  full  number  of  aldermen  to  which  the  city  shall  be  entitled. 
At  the  first  meeting  of  the  city  council  after  such  election,  the  al-  • 
dermen  elected  shall  be  divided,  by  lot,  into  two  classes  :  those  of 
the  first  class  shall  continue  in  office  for  one  year,  and  those  of  the 
second  class  for  two  years.    And  upon  any  increase  of  the  km- 


12 


CITIES  AND  YILLAGi 


ber  of  aldermen  at  their  first  election,  one  half  shall  be  elected  for 
one  year,  and  one  half  for  two  years. 

§  6.  Whenever  this  act  shall  be  submitted  to  the  qualified 
electors  of  any  city  for  adoption,  there  shall,  be  submitted  at  the 
same  time,  for  adoption  or  rejection,  the  question  of  minority  rep- 
resentation in  the  city  council  or  legislative  authority  of  such  city. 
At  the  said  election  the  ballots  shall  be  in  the  following  form  : 
"For  minority  representation  in  the  cit}r  council, "  or  "Against 
minority  representation  in  the  city  council."  And  at  any  subse- 
quent time,  on  petition  of  the  legal  voters  equal  in  number  to  one 
eighth  the  number  of  legal  votes  cast  at  the  next  preceding  gen- 
eral city  election,  the  city  council  shall  cause  the  question  of  mi- 
nority representation  to  be  submitted  to  the  legal  voters  of  said 
city,  and  the  ballots  shall  be  in  form  as  provided  in  this  section  : 
Provided,  that  no  such  question  of  representation  shall  be  submit- 
ted more  than  once  in  every  two  years.  The  judges  of  such  elec- 
tion shall  make  returns  thereof  to  the  city  council,  whose  duty  it 
shall  be  to  canvass  such  returns,  and  to  cause  the  result  of  such 
canvass  to  be  entered  on  the  records  of*  such  city.  If  a  majority 
of  the  votes  cast  at  such  election  shall  be  "For  equal  representa- 
tion in  the  city  council/'  then  the  members  of  the  city  coun- 
cil or  legislative  authority  of  such  city  shall  be  thereafter  elected 
in  the  following  manner  :  The  council  or  legislative  authority  of 
such  city,  at  least  one  month  before  the  general  election  in  the 
year  in  which  this  act  shall  take  effect  in  such  city,  shall  apportion 
such  city,  by  dividing  the  population  thereof,  as  ascertained  by 
the  last  federal  census,  by  any  number  not  less  than  two  nor  more 
than  six,  and  the  quotient  shall  be1  the  ratio  of  representation  in 
the  city  council.  Districts  shall  be  formed  of  contiguous  and  com- 
pact territory,  and  contain,  as  nearly  practicable,  an  equal  num- 
ber of  inhabitants.  [As  amended  by  act  approved  March  27, 1874; 
in  force  July  1,  1874. 

§  7.  Every  such  district  shall  be  entitled  to  three  aldermen, 
who  shall  hold  their  office  for  two  years,  and  until  their  successors 
shall  be  elected  and  qualified  :  Provided,  that  those  elected  at  the 
first  election,  from  the  wards  bearing  odd  numbers,  shall  only 
hold  their  office  for  one  year,  and  until  their  successors  shall  be 
elected  and  qualified.  Vacancies  occurring  by  the  expiration  of 
term,  shall  be  filled  by  the  election  of  aldermen  for  the  full  term 
of  two  years.  Vacancies  arising  from  any  other  cause  than  the 
expiration  of  term,  shall  be  filled  at  an  election  to  be  held  by  the 
voters  of  the  district  in  which  such  vacancy  shall  occur,  at  the 
time  designated  by  the  city  council.  In  all  elections  for  aldermen, 
aforesaid,  each  qualified  voter  may  cast  as  many  votes  as  there 
are  aldermen  to  be  elected  in  his  district,  or  may  distribute  the 
same,  or  equal  parts  thereof,  among  the  candidates,  as  he  shall  see 
fit,  and  the  candidate  highest  in  votes  shall  be  declared  elected. 


CITIES  AND  VILLAGES. 


13 


ided  by  act  approved  March  27,  1874  j  in  force  July  (, 

io 

§  v-  If  a  majority  of  the  votes  cast  at  such  election  shall  \>v 
"Against  minority  representation  in  the  city  council,"  the  preced- 
ing section  shall  be  null  and  void,  so  far  as  it  relates  to  such  city 
at  such  election,  and  the  aldermen  of  such  city  shall  be  elected  as 
otherwise  provided  for  in  this  act. 

§  9.  The  city  council  shall  designate  the  place  or  places  in 
which  the  election  shall  be  held,  and  appoint  the  judges  and  clerks 
thereof,  and  cause  notice  ;to  be  printed  in  some  newspaper  pub- 
lished in  such  city,  if  there  be  one,  or  posted  at  each  voting  place 
in  such  city,  of  the  time,  places  of  election,  and  of  the  officers  to 
be  elected,  for  at  least  twenty  days  prior  to  such  election. 

§  10.  The  manner  of  conducting  and  voting  at  elections  to 
be  held  under  this  act  and  contesting  the  same,  the  keeping  of 
poll  lists  and  canvassing  the  votes,  shall  be  the  same,  as  nearly  as 
may  be,  as  in  the  case  of  the  election  of  county  officers,  under  the 
general  laws  of  this  state.  The  judges  of  election  shall  appoint 
clerks,  when  necessary  to  fill  vacancies,  and  the  judges  and  clerks 
shall  take  the  same  oath  and  have  the  same  powers  and  authority 
as  the  judges  and  clerks  of  general  state  elections.  After  the 
closing  of  the  polls,  the  ballots  shall  be  counted  and  the  returns 
made  out  and  returned,  under  seal,  to  the  city  or  village  clerk,  as 
the  case  may  be,  within  two  days  alter  the  election ;  and,  there- 
upon, the  city  council  or  board  of  trustees,  as  the  case  may  be, 
shall  examine  and  canvass  the  same  and  declare  the  result  of  the 
election,  and  cause  a  statement  thereof  to  be  entered  upon  its 
journals. 

§  11,  The  person  having  the  highest  number  of  votes,  for 
any  office,  shall  be  declared  elected.  In  case  of  a  tie  in  the  elec- 
tion of  any  city  or  village  officer,  it  shall  be  determined  by  lot,  in 
presence  of  the  city  council  or  board  of  trustees,  in  such  manner 
as  they  shall  direct,  which  candidate  or  candidates  shall  hold  the 
office. 

§  12.  It  shall  be  the  duty  of  the  village  or  city  clerk,  within 
five  days  after  the  result  of  the  election  is  declared  or  appoint- 
ment made,  to  notify  all  persons  elected  or  appointed  to  office  of 
their  election  or  appointment,  and  unless  such  persons  shall  res- 
pectively qualify  in  ten  days  after  such  notice,  the  office  shall  be- 
come vacant. 

§  13.  If,  for  any  cause,  there  shall  not  be  a  quorum  in  office 
of  the  city  council  or  board  of  trustees,  the  mayor,  clerk,  or  any 
alderman  or  trustee,  as  the  case  may  be,  may  appoint  the  time  and 
place  for  holding  a  special  election  to  supply  such  vacancy  and 
give  notice  and  appoint  the  judges  thereof. 

§  14.  If  there  is  a  failure  to  elect  any  officer  herein  required 
to  be  elected,  or  the  person  elected  should  fail  to  qualify,  the  city 
council  or  board  of  trustees  may  forthwith  order  a  new  election 

(4)  mm&Ml 


u 


CITIES  AND  VILLAGES, 


therefor;  and  in  all  cases,  when  necessary  for  the  purposes  of  this 
act,  may  call  special  elections,  appoint  judges  and  clerks  thereof, 
canvass  the  returns  thereof;  and  provide  by  ordinance  for  the 
mode  of  conducting  the  same  )  and  shall  give  notice  of  such  special 
elections,  in  which  shall  be  stated  the  questions  to  be  voted  upon, 
and  cause  such  notices  to  be  published  or  posted  for  the  same 
length  of  time  and  in  the  same  manner  as  is  required  in  the  case 
of  regular  annual  elections  in  such  cities  or  villages. 


AETICLE  V, 

OE  THE  POWERS  OF  THE  CITY  COUNCIL. 

Section.  Section. 

1.  General  powers  of  the  city  council.    7.    Summons — affidavit— -  punishment, 

2.  Style  of  ordinances.  8.    Jurisdiction  of  justices,  etc. 

8.    Publication  of  ordinances— when  9.    Constables  and  sheriffs  may  serve 

they  take  effect.  process,  etc. 

4.  Proof  of  ordinances.  10.    Jurisdiction  over  water. 

5.  Suits  for  violating  ordinances. 

8.    Fines  and  licenses  paid  to  treasu- 
rer. 

§  1.  The  city  council  in  cities,  and  president  and  the  board 
of  trustees  in  villages,  shall  have  the  following  powers : 

First — To  control  the  finances  and  property  of  the  corpora- 
tion. 

Second — To  appropriate  money  for  corporate  purposes  only, 
and  provide  for  payment  of  debts  and  expenses  of  the  corporation. 

Third — To  levy  and  collect  taxes  for  general  and  special  pur- 
poses on  real  and  personal  property. 

Fourth — To  fix  the  amount,  terms  and  manner  of  issuing  and 
revoking  licenses. 

Fifth— 'To  borrow  money  on  the  credit  of  the  corporation  for 
corporate  purposes,  and  issue  bonds  therefor,  in  such  amounts  and 
form,  and  on  such  conditions  as  it  shall  prescribe,  but  shall  not 
become  indebted  in  any  manner  or  for  any  purpose  to  an  amount, 
including  existing  indebtedness,  in  the  aggregate  to  exceed  five 
(5)  per  centum  on  the  value  of  the  taxable  property  therein,  to  be 
ascertained  by  the  last  assessment  for  state  and  county  taxes  pre- 
vious to  the  incurring  of  such  indebtedness  j  and  before  or  at  the 
time  of  incurring  any  indebtedness,  shall  provide  for  the  collection 
of  a  direct  annual  tax  sufficient  to  pay  the  interest  on  such  debt 
as  it  falls  due,  and  also  to  pay  and  discharge  the  principal  thereof 
within  twenty  years  after  contracting  the  same. 


CITIES  AND  VILLAGES. 


15 


Sixth — To  issue  bonds  in  place  of  or  to  supply  means  to  meet 
maturing  bonds,  or  for  the  consolidation  or  funding  of  the  same. 

Seventh — To  lay  out,  establish,  open,  alter,  widen,  extend, 
grade,  pave  or  otherwise  improve  streets,  alleys,  avenues,  side- 
walks, wharves,  parks  and  public  grounds,  and  vacate  the  same. 

Eighth — To  plant  trees  upon' the  same. 

Ninth— To  regulate  the  use  of  the  same. 

Tenth — 'To  prevent  and  remove  encroachments  or  obstructions 
upon  the  same. 

Eleventh — To  provide  for  the  lighting  of  the  same. 

Twelfth—To  provide  for  the  cleansing  of  the  same. 

Thirteenth — To  regulate  the  openings  therein  for  the  laying  of 
gas  or  water  mains  and  pipes,  and  the  building  and  repairing  of 
sewers,  tunnels  and  drains,  and  erecting  gas  lights  :  Provided, 
however,  that  any  company  heretofore  organized  under  the  general 
laws  of  this  state,  or  any  association  of  persons  organized,  or 
which  may  be  hereafter  organized  for  the  purpose  of  manufacturing 
illuminating  gas  to  supply  cities  or  villages,  or  the  inhabitants 
thereof  with  the  same,  shall  have  the  right,  by  consent  of  the 
common  council  (subject  to  existing  rights),  to  erect  gas  factories, 
and  lay  down  pipes  in  the  streets  or  alleys  of  any  city  or  village 
in  this  state,  subject  to  such  regulations  as  any  such  city  or  village 
may  by  ordinance  impose. 

Fourteenth — To  regulate  the  use  of  sidewalks  and  all  struc- 
tures thereunder ;  and  to  require  the  owner  or  occupant  of  any 
premises  to  keep  the  sidewalks  in  front  of,  or  along  the  same,  free 
from  snow  and  other  obstructions. 

Fifteenth — To  regulate  and  prevent  the  throwing  or  deposit- 
ing of  ashes,  offal,  dirt,  garbage  or  any  offensive  matter  in,  and  to 
prevent  injury  to,  any  street,  avenue,  alley  or  public  ground. 

Sixteenth — To  provide  for  and  regulate  crosswalks,  curbs  and 
gutters. 

Seventeenth — To  regulate  and  prevent  the  use  of  streets,  side- 
walks and  public  grounds  for  signs,  sign  posts,  awnings,  awning 
posts,  telegraph  poles,  horse  troughs,  racks,  posting  handbills  and 
advertisements. 

Eighteenth — To  regulate  and  prohibit  the  exhibition  or  carry- 
ing of  banners,  placards,  advertisements  or  handbills  in  the  streets 
or  public  grounds,  or  upon  the  sidewalks. 

Nineteenth — To  regulate  and  prevent  the  flying  of  flags,  ban- 
ners or  signs  across  the  streets  or  from  houses. 

Twentieth — To  regulate  traffic  and  sales  upon  the  streets,  side- 
walks and  public  places. 

Twenty-first — To  regulate  the  speed  of  horses  and  other  ani- 
mals, vehicles,  cars  and  locomotives  within  the  limits  of  the  cor- 
poration. 

Twenty-second — To  regulate  the  numbering  of  houses  and  lots. 


16 


CITIES  A.VD  VILLAGES. 


Twenty-third — To  name  and  change  the  name  of  any  L, 
avenue,  alley,  or  other  public  place. 

Twenty  fourth — To  permit,  regulate  or  prohibit  the  locating, 
constructing  or  laying  a  track  of  any  horse  railroad  in  any  street, 
alley  or  public  place  j  but  such  permission  shall  not  be  for  a  long- 
er time  than  twenty  years. 

Twenty-fifth — To  provide  for  and  change  the  location,  grade 
and  crossings  of  any  railroad. 

Twenty  sixth — To  require  railroad  companies  to  fence  their  re- 
spective railroads,  or  any  portion  of  the  same,  and  to  construct 
cattle  guards,  crossings  of  streets  and  public  roads,  and  keep  the 
same  in  repair,  within  the  limits  of  the  corporation.  In  case  any 
railroad  company  shall  fail  to  comply  with  any  such  ordinance, 
it  shall  be  liable  for  all  damages  the  owner  of  any  cattle  or  horse* 
or  other  domestic  animal,  may  sustain,  by  reason  of  injuries  there- 
to while  on  the  track  of  such  railroad,  in  like  manner  and  extent 
as  under  the  general  laws  of  this  sta^,  relative  to  the  fencing  of 
railroads;  and  actions  to  recover  such  damages  may  be  instituted 
before  any  justice  of  the  peace  or  other  court  of  competent  juris- 
diction. 

Twenty -seventh — To  require  railroad  companies  to  keep  flagmen 
at  railroad  crossings  of  streets,  and  provide  protection  against  in- 
jury to  persons  and  property  in  the  use  of  such  railroads.  To 
compel  such  railroad  to  raise  or  lower  their  railroad  tracks  to  con- 
form to  any  grade  which  may,  at  any  time,  be  established  by  such 
city,  and  where  such  tracks  run  lengthwise  of  any  such  street,  al- 
ley or  highway,  to  keep  their  railroad  tracks  on  a  level  with  the 
street  surface,  and  so  that  such  tracks  may  be  crossed  at  any  place 
on  such  street,  alley  or  highway.  To  compel  and  require  railroad 
companies  to  make  and  keep  open  and  to  keep  m  repair  ditches, 
drains,  sewers  and  culverts  along  and  under  their  railroad  tracks, 
so  that  filthy  or  stagnant  pools  of  water  cannot  stand  on  their 
grounds  or  right  of  way,  and  so  that  the  natural  drainage  of  adja- 
cent property  shall  not  be  impeded. 

Twenty -eighth — To  construct  and  keep  in  repair  bridges,  via- 
ducts and  tunnels,  and  to  regulate  the  use  thereof. 

Twenty-ninth— To  construct  and  keep  in  repair  culverts,  drains, 
sewers  and  cesspools,  and  to  regulate  the  use  thereof. 

Thirtieth — To  deepen,  widen,  dock,  cover,  wall,  alter  or  change 
the  channel  of  water  courses. 

Thirty  first—  To  construct  and  keep  in  repair  canals  and  slips 
for  the  accommodation  of  commerce. 

Thirty-second — To  erect  and  keep  in  repair  public  landing- 
places,  wharves,  docks  and  levees. 

Thirty-third — To  regulate  and  control  the  use  of  public  and 
private  landing  places,  wharves,  docks  and  levees. 


CITIES  AND  VILLAGES. 


17 


Thirty-fourth — To  control  and  regulate  the  anchorage,  moor- 
age and  landing  of  all  water  craft  and  their  cargoes  within  the 
jurisdiction  of  the  corporation. 

Thirty-fifth — To  license,  regulate  and  prohibit  wharf-boats, 
tugs  and  other  boats  used  about  the  harbor  or  within  such  juris- 
diction. 

Thirty-sixth — To  fix  the  rate  of  wharfage  and  dockage. 

Thirty -seventh — To  collect  wharfage  and  dockage  from  all 
boats,  rafts  or  other  craft  landing  at  or  using  any  public  landing 
place,  wharf,  dock  or  levee  within  the  limits  of  the  corporation. 

Thirty-eighth  —To  make  regulations  in  regard  to  the  use  of 
harbors,  towing  of  vessels,  opening  and  passing  of  bridges. 

Thirty -ninth — To  appoint  harbor  masters,  and  define  their 
duties. 

Fortieth — To  provide  for  the  cleansing  and  purification  of 
waters,  water  courses  and  canals,  and  the  draining  or  filling  of 
ponds  on  private  property,  whenever  necessary  to  prevent  or 
abate  nuisances. 

Forty-first — To  license,  tax,  regulate,  suppress  and  prohibit 
hawkers,  peddlers,  pawnbrokers,  keepers  of  ordinaries,  theatricals 
and  other  exhibitions,  shows  and  amusements,  and  to  revoke  such 
license  at  pleasure. 

Forty-second — To  license,  tax  and  regulate  hackmen,  draymen, 
omnibus  drivers,  carters,  cabmen,  porters,  expressmen,  and  all 
others  pursuing  like  occupations,  and  to  prescribe  their  compen- 
sation. 

Forty-third — To  license,  regulate,  tax  and  restrain  runners  for 
stages,  cars,  public  houses,  or  other  things  or  persons. 

Forty  fourth — To  license,  regulate,  tax  or  prohibit  and  sup- 
press billiard,  bagatelle,  pigeon  hole  or  any  other  tables  or  imple- 
ments kept  or  used  for  a  similar  purpose  in  any  place  of  public 
resort,  pin  alleys  and  ball  alleys. 

Forty  fifth — To  suppress  bawdy  and  disorderly  houses,  houses 
of  ill-fame  or  assignation,  within  the  limits  of  the  city,  and  within 
three  miles  of  the  outer  boundaries  of  the  city  j  and  also  to  sup- 
press gaming  and  gambling  houses,  lotteries,  and  all  fraudulent 
devises  and  practices  for  the  purpose  of  gaming  or  obtaining 
money  or  property  j  and  to  prohibit  the  sale  or  exhibition  of  ob- 
scene or  immoral  publications,  prints,  pictures  or  illustrations. 

Forty-sixth — To  license,  regulate  and  prohibit  the  selling  or 
giving  away  of  any  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquor,  the  license  not  to  extend  beyond  the  municipal  year  in 
which  it  shall  be  granted,  and  to  determine  the  amount  to  be  paid 
for  such  license  :  Provided,  that  the  city  council  in  cities,  or  presi- 
dent and  board  of  trustees  in  villages,  may  grant  permits  to  drug- 
gists for  the  sale  of  liquors  for  medicinal,  mechanical,  sacramental 
and  chemical  purposes  only,  subject  to  forfeiture,  and  under  such 
restrictions  and  regulations  as  may  be  provided  by  ordinance: 
^5) 


18 


CITIES  AND  VILLAGES. 


Provided,  further,  that  in  granting  licenses  such  corporate  authori- 
ties shall  comply  with  whatever  general  law  of  the  state  may  be 
in  force  relative  to  the  granting  of  licenses. 

Forty-seventh-~The  foregoing  shall  not  be  construed  to  affect 
the  provisions  of  the  charter  of  any  literary  mstittttution  hereto- 
fore granted. 

Forty-eighth — And  the  city  council  in  cites,  and  president  and 
board  of  trustees  in  villages,  shall  also  have  the  power  to  forbid 
and  punish  the  selling  or  giving  away  of  any  intoxicating,  malt, 
vinous,  mixed  or  fermented  liquor  to  any  minor,  apprentice  or 
servant,  or  insane,  idiotic  or  distracted  person,  habitual  drunkard, 
or  person  intoxicated. 

Forty-ninth— -To  establish  markets  and  market  houses,  and 
provide  for  the  regulation  and  use  thereof. 

Fiftieth — To  regulate  the  sale  of  meats,  poultry,  fish,  butter, 
cheese,  lard,  vegetables,  and  all  other  provisions,  and  to  provide 
for  place  and  manner  of  selling  the  same. 

Fifty-first — To  prevent  and  punish  forestalling  and  regrating. 

Fifty-second — To  regulate  the  sale  of  bread  in  the  city  or  vil- 
lage )  prescribe  the  weight  and  quality  of  the  bread  in  the  loaf. 

Fifty-third — To  provide  for  and  regulate  the  inspection  of 
meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,  tobac- 
co, flour,  meal,  and  other  provisions. 

Fifty-fourth —  To  regulate  the  inspection,  weighing  and  meas- 
uring of  brick,  lumber,  fire  wood,  coal,  hay,  and  any  article  of 
merchandise. 

Fifty -fifth — To  provide  for  the  inspection  and  sealing  of 
weights  and  measures. 

Fifty-sixth — To  enforce  the  keeping  and  use  of  proper  weights 
and  measures  by  vendors. 

Fifth-seventh — To  regulate  the  construction,  repairs  and  use  of 
vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and  gutters. 

Fifty-eighth — To  regulate  places  of  amusement. 

Fifty-ninth — To  prevent  intoxication,  fighting,  quarreling,  dog 
fights,  cock  fights,  and  all  disorderly  conduct. 

Sixtieth — To  regulate  partition  fences  and  party  walls. 

Sixty-first — To  prescribe  the  thickness,  strength  and  manner 
of  constructing  stone,  brick  and  other  buildings,  and  construction 
of  fire  escapes  therein. 

Sixty-second — The  city  council,  and  the  president  and  trustees 
in  villages,  for  the  purpose  of  guarding  against  the  calamities  of 
fire,  shall  have  power  to  prescribe  the  limits  within  which  wooden 
buildings  shall  not  be  erected  or  placed  or  repaired,  without  permis- 
sion, and  to  direct  that  all  and  any  buildings  within  the  fire  limits, 
when  the  same  shall  have  been  damaged  by  fire,  decay  or  other- 
wise, to  the  extent  of  fifty  per  cent,  of  the  value,  shall  be  torn 
down  or  removed,  and  to  prescribe  the  manner  of  ascertaining 
am  oh  dam  age. 


CITIES  AND  VILLAGES. 


10 


Sixty-third — To  prevent  the  dangerous  construction  and  con- 
dition of  chimneys,  fire-places,  hearths,  stoves,  stove-pipes,  ovens, 
boilers  and  apparatus  used  in  and  about  any  building  or  manufac- 
tory,' and  to  cause  the  same  to  be  removed  or  placed  in  a  safe 
condition,  when  considered  dangerous  j  to  regulate  and  prevent 
the  carrying  on  of  manufactories,  dangerous  in  causing  and  pro- 
moting tires  j  to  prevent  the  deposit  of  ashes  in  unsafe  places,  and 
to  cause  all  such  buildings  and  inclosures  as  may  be  in  a  dangerous 
state  to  be  put  in  a  safe  condition. 

Sixty-fourth — To  erect  engine  houses,  and  provide  fire  engines, 
*  hose  carts,  hooks  and  ladders,  and  other  implements  for  preven- 
tion and  extinguishment  of  fires,  and  provide  for  the  use  and 
management  of  the  same  by  voluntary  fire  companies  or  other- 
wise. 

Sixty-fifth — To  regulate  and  prevent  storage  of  gunpowder, 
tar,  pitch,  resin,  coal  oil,  benzine,  turpentine,  hemp,  cotton,  nitro- 
glycerine, petroleum,  or  any  of  the  products  thereof,  and  other 
combustible  or  explosive  material,  and  the  use, of  lights  in  stables, 
shops  and  other  places,  and  the  building  of  bonfires;  also  to  regu- 
late and  restrain  the  use  of  fire-works,  fire-crackers,  torpedoes, 
Eoman  candles,  sky-rockets,  and  other  pyrotechnic  displays. 

Sixty-sixth — To  regulate  the  police  of  the  city  or  village,  and 
pass  and  enforce  all  necessary  police  ordinances. 

Sixty-seventh — To  provide  for  the  inspection  of  steam  boilers. 

Sixty-eighth — To  prescribe  the  duties  and  powers  of  a  superin- 
tendent of  police,  policemen  and  watchmen. 

Sixty-ninth — To  establish  and  erect  calabooses,  bridewells, 
houses  of  correction  and  workhouses,  for  the  reformation  and 
confinement  of  vagrants,  idle  and  disorderly  persons,  and  persons 
convicted  of  violating  any  city  or  village  ordinance,  and  make 
rules  and  regulations  for  the  government  of  the  same,  and  appoint 
necessary  keepers  and  assistants. 

Seventieth — To  use  the  county  jail  for  the  confinement  or  pun- 
ishment of  offenders,  subject  to  such  conditions  as  are  imposed  by 
law,  and  with  the  consent  of  the  county  board. 

Seventy-first — To  provide  by  ordinance  in  regard  to  the  rela- 
tion between  all  the  officers  and  employes  of  the  corporation  in 
respect  to  each  other,  the  corporation  and  the  people. 

Seventy-second — To  prevent  and  suppress  riots,  routs,  affrays, 
noises,  disturbances,  disorderly  assemblies  in  any  public  or  pri- 
vate place. 

Seventy-third — To  prohibit  and  punish  cruelty  to  animals. 

Seventy -fourth — To  restrain  and  punish  vagrants,  mendicants 
and  prostitutes. 

Seventy-fifth — To  declare  what  shall  be  a  nuisance,  and  to 
abate  the  same ;  and  to  impose  fines  upon  parties  who  may  create, 
continue  or  suffer  nuisances  to  exist. 


20 


CITIES  AND  VILLAGES. 


Seventy-sixth — To  appoint  a  board  of  health  and  prescribe  its 
powers  and  duties. 

Seventy-seventh — To  erect  and  establish  hospitals  and  medical 
dispensaries,  and  control  and  regulate  the  same. 

Seventy -eighth — To  do  all  acts,  make  all  regulations  which  may 
be  necessary  or  expedient  for  the  promotion  of  health  or  the  sup- 
pression of  disease. 

Seventy -ninth — To  establish  and  regulate  cemeteries  within  or 
without  the  corporation,  and  acquire  lands  therefor,  by  purchase 
or  otherwise,  and  cause  cemeteries  to  be  removed,  and  prohibit 
their  establishment  within  one  mile  of  the  corporation. 

Eightieth — To  regulate,  restrain  and  prohibit  the  running  at 
large  of  horses,  cattle,  swine,  sheep,  goats,  geese  and  dogs,  and  to 
impose  a  tax  on  dogs. 

Eighty-first — To  direct  the  location  and  regulate  the  manage- 
ment and  construction  of  packing  houses,  renderies,  tallow  chan- 
dleries, bone  factories,  soap  factories  and  tanneries,  within  the 
limits  of  the  city  or  village,  and  within  the  distance  of  one  mile 
without  the  city  or  village  limits. 

Eighty-second — To  direct  the  location  and  regulate  the  use  and 
construction  of  breweries,  distilleries,  livery  stables,  blacksmith 
shops  and  founderies  within  the  limits  of  the  city  or  village. 

Eighty-third — To  prohibit  any  offensive  or  unwholesome  busi- 
ness or  establishment  within  or  within  one  mile  of  the  limits  of 
the  corporation. 

Eighty-fourth — To  compel  the  owner  of  any  grocery,  cellar, 
soap  or  tallow  chandlery,  tannery,  stable,  pig-sty,  privy,  sewer  or 
other  unwholesome  or  nauseous  house  or  place,  to  cleanse,  abate 
or  remove  the  same,  and  to  regulate  the  location  thereof. 

Eighty-fifth — The  city  council,  or  trustees  of  a  village  shall 
have  power  to  provide  for  the  taking  of  the  city  or  village  census; 
but  no  city  or  village  census  shall  be  taken  by  authority  of  the 
council  or  trustees  oftener  than  once  in  three  years. 

Eighty-sixth — To  provide  for  the  erection  and  care  of  all  public 
buildings  necessary  for  the  use  of  the  city  or  village. 

Eighty-seventh — To  establish  ferries,  toll  bridges,  and  license 
and  regulate  the  same,  and,  from  time  to  time,  fix  tolls  thereon. 

Eighty-eighth — To  authorize  the  construction  of  mills,  mill- 
races  and  feeders  on,  through  or  across  the  streets  of  the  city  or 
village,  at  such  places  and  under  such  restrictions  as  they  shall 
deem  proper. 

Eighty-ninth — The  city  council  shall  have  power,  by  condem- 
nation or  otherwise,  to  extend  any  street,  alley  or  highway  over 
or  across,  or  to  construct  any  sewer  under  or  through  any  railroad 
track,  right  of  way,  or  land  of  any  railroad  company  (within  the 
corporate  limits);  but  where  no  compensation  is  made  to  such 
railroad  company,  the  city  shall  restore  such  railroad  track,  right 


CITIES  AND  VILLAGES. 


21 


of  way  or  land  to  its  former  state,  or  in  a  sufficient  manner  not  to 
have  impaired  its  usafulness; 

Ninetieth — The  city  council  or  board  of  trustees  shall  have  no 
power  to  grant  the  use  of  or  the  right  to  lay  down,  any  railroad 
tracks  in  any  street  of  the  city,  to  any  steam  or  horse  railroad 
company,  except  upon  a  petition  of  the  owners  of  the  land  repre- 
senting more  than  one-half  of  the  frontage  of  the  street,  or  so 
much  thereof  as  is  sought  to  be  used  for  railroad  purposes. 

Ninety-first — To  tax,  license  and  regulate  auctioneers,  distil- 
lers, brewers,  lumber  yards,  livery  stables,  public  scales,  money 
changers  and  brokers. 

Ninety-second — To  prevent  and  regulate  the  rolling  of  hoops, 
playing  of  ball,  flying  of  kites,  or  any  other  amusement  or  prac- 
tice having  a  tendency  to  annoy  persons  passing  in  the  streets  or 
on  the  sidewalks,  or  to  frighten  teams  and  horses. 

Ninety-tliird — To  regulate  and  prohibit  the  keeping  of  any 
lumber  }Tard,  and  the  placing  or  piling  or  selling  any  lumber, 
timber,  wood,  or  other  combustible  material,  within  the  lire  limits 
of  the  city. 

Ninety -fourth — To  provide,  by  ordinance,  that  all  the  paper, 
printing,  stationery,  blanks,  fuel,  and  all  the  supplies  needed  for 
the  use  of  the  city,  shall  be  furnished  by  contract,  let  to  the  lowest 
bidder. 

Ninety-fifth — To  tax,  license  and  regulate  second-hand  and 
junk  stores,  and  to  forbid  their  purchasing  or  receiving  from 
minors,  without  the  written  consent  of  their  parents  or  guardians, 
any  article  whatsoever. 

Ninety-sixth — To  pass  all  ordinances,  rules,  and  make  all 
regulations,  proper  or  necessary,  to  carry  into  effect  the  powers 
granted  to  cities  or  villages,  with  such  fines  or  penalties  as  the  city 
council  or  board  of  trustees  shall  deem  proper:  Provided,  no  fine 
or  penalty  shall  exceed  $200,  and  no  imprisonment  shall  exceed 
six  months  for  one  offense. 

§  2.  The  style  of  the  ordinances  in  cities  shall  be:  "Be  it 
ordained  by  the  city  council  of  ." 

§  3.  All  ordinances  of  cities  and  villages  imposing  any  fine, 
penalty,  imprisonment  or  forfeiture,  or  making  any  appropriation, 
shall,  within  one  month  after  they  are  passed,  be  published  at  least 
once  in  a  newspaper  published  in  the  city  or  village,  or,  if  no  such 
newspaper  is  published  therein,  by  posting  copies  of  the  same  in 
three  public  places  in  the  city  or  village  j  and  no  such  ordinance 
shall  take  effect  until  ten  days  after  it  is  so  published.  And  all 
other  ordinances,  orders  and  resolutions  shall  take  effect  from  and 
after  their  passage,  unless  otherwise  provided  therein. 

§  4.  All  ordinances,  and  the  date  of  publication  thereof,  may 
be  proven  by  the  certificate  of  the  clerk,  under  the  seal  of  the 
corporation.  And  when  printed  in  book  or  pamphlet  form,  and 
purporting  to  be  published  by  authority  of  the  board  of  trustees 


22 


CITIES  AND  VILLAGES. 


or  the  city  council,  the  same  need  not  be  otherwise  published ; 
and  such  book  or  pamphlet  shall  be  received  as  evidence  of  the 
passage  and  legal  publication  of  such  ordinances,  as  of  the  dates 
mentioned  in  such  book  or  pamphlet,  in  all  courts  and  places 
without  further  proof. 

§  5.  All  actions  brought  to  recover  any  fine,  or  to  enforce 
any  penalty,  under  any  ordinance  of  any  city  or  village,  shall  be 
brought  in  the  corporate  name  of  the  city  or  village  as  plaintiff ; 
and  no  prosecution,  recovery  or  acquittal,  for  the  violation  of  any 
such  ordinance,  shall  constitute  a  defense  to  any  other  prosecution 
of  the  same  party  for  any  other  violation  of  any  such  ordinance, 
although  the  different  causes  of  action  existed  at  the  same  time, 
and,  if  united,  would  not  have  exceeded  the  jurisdiction  of  the 
court  or  magistrate. 

§  6.  All  fines  and  forfeitures  for  the  violation  of  ordinances, 
when  collected,  and  all  moneys  collected  for  licenses  or  otherwise, 
shall  be  paid  into  the  treasury  of  the  corporation,  at  such  times 
and  in  such  manner  as  may  be  prescribed  by  ordinance. 

§  7.  In  all  actions  for  the  violation  of  any  ordinance,  the 
first  process  shall  be  a  summons  :  Provided,  however,  that  a  war- 
rant for  the  arrest  of'  the  offender  may  issue  in  the  first  instance 
upon  the  affidavit  of  any  person  that  any  such  ordinance  has  been 
violated,  and  that  the  person  making  the  complaint  has  reasonable 
grounds  to  believe  the  party  charged  is  guilty  thereof;  and  any  per- 
son arrested  upon  such  warrant  shall,  without  unnecessary  delay, 
be  taken  before  the  proper  officer  to  be  tried  for  the  alleged 
offense.  Any  person  upon  whom  any  fine  or  penalty  shall  be 
imposed,  may,  upon  the  order  of  the  court  or  magistrate  before 
whom  the  conviction  is  had,  be  committed  to  the  county  jail  or 
the  calaboose,  city  prison,  work-house,  house  of  correction,  or 
other  place  provided  by  the  city  or  village  for  the  incarceration 
of  offenders,  until  such  fine,  penalty  and  cost  shall  be  fully  paid : 
Provided,  that  no  such  imprisonment  shall  exceed  six  months  for 
any  one  offense.  The  city  council  or  board  of  trustees  shall  have 
power  to  provide,  by  ordinance,  that  every  person  so  committed 
shall  be  required  to  work  for  the  corporation,  at  such  labor  as  his 
>r  her  strength  will  permit,  within  and  without  such  prison,  work- 
house, house  of  correction,  or  other  place  provided  for  the  incar- 
ceration of  such  offenders,  not  exceeding  ten  hours  each  working 
day ;  and  for  such  work  the  person  so  employed  to  be  allowed, 
exclusive  of  his  or  her  board,  $2  for  each  day's  work  on  account 
of  such  fine  and  cost. 

§  8.  Any  and  all  justices  of  the  peace  and  police  magistrates 
shall  have  jurisdiction  in  all  cases  arising  under  the  provisions  of 
this  act,  or  any  ordinance  passed  in  pursuance  thereof. 

§  9.  Any  constable  or  sheriff  of  the  county  may  serve  any 
process,  or  make  any  arrests  authorized  to  be  made  by  any  city 
officer. 


CITIES  AND  VILLAGES. 


§  10.  The  city  or  village  government  shall  have  jurisdiction 
upon  all  waters  within  or  bordering  upon  the  same,  to  the  extent 
of  three  miles  beyond  the  limits  of  the  city  or  village,  but  not  to 
exceed  the  limits  of  the  state, — [Amended  in  1875. 


ARTICLE  VI. 

OFFICERS — THEIR  POWERS  AND  DUTIES, 

Section.  Section. 

1.  Officers  enumerated.  •  8.    Bribery— penalty, 

2.  Other  officers — duties  of  city  mar-    9.    Mayor,  etc.,  not  to  hold  other  office. 

shal.  10,    Duties  of  clerk.  *" 

3.  Appointment — vacancies — duties  11.    Record  of  ordinances. 

powers.  12.    Conservators  of  the  peace — powers, 

4.  Oath — bond.  13.    Compensation  of  mayor. 

5.  Commission — certificate — -delivery  14.    Compensation  of  aldermen,  etc. 

to  successor.  15.    Compensation  of  other  officers. 

6.  Qualifications  of  officers.  16,    Administering  oaths. 

7.  Officers  not  to  be  interested  in  con- 

tracts, etc. 

§  1.  There  shall  be  elected,  in  all  cities  organized  under  this 
act,  the  following  officers,  viz  :  a  mayor,  a  city  council,  a  city 
clerk,  city  attorney,  and  a  city  treasurer. 

§  2.  The  city  council  may,  in  its  discretion,  from  time  to 
time,  by  ordinance  passed  by  a  vote  of  two-thirds  of  all  the  alder- 
men elected,  provide  for  the  election  by  the  legal  voters  of  the 
city,  or  the  appointment  by  the  mayor,  with  the  approval  of  the 
cit}^  council,  of  a  city  collector,  a  city  marshal,  a  city  superinten- 
dent of  streets,  a  corporation  counsel,  a  city  comptroller,  or  any 
or  either  of  them,  and  such  other  officers  as  may  by  said  council 
be  deemed  necessary  or  expedient.  The  city  council  may,  by  a 
like  vote,  by  ordinance  or  resolution,  to  take  effect  at  the  end  of 
the  then  fiscal  year,  discontinue  any  office  so  created,  and  devolve 
the  duties  thereof  on  any  other  city  officer  j  and  no  officer,  filling 
any  such  office  so  discontinued,  shall  have  any  claim  against  the 
city  on  account  of  his  salary,  after  such  discontinuance.  The  city 
marshal  shall  perform  such  duties  as  shall  be  prescribed  by  the 
city  council  for  the  preservation  of  the  public  peace,  and  the  ob- 
servance and  enforcement  of  the  ordinances  and  laws ;  he  shall 
possess  the  power  and  authorty  of  a  constable  at  common  law,  and 
under  the  statutes  of  \his  state. 

§  3.  All  officers  of  any  city,  except  where  herein  otherwise 
provided,  shall  be  appointed  by  the  mayor  (and  vacancies  in  all 


24 


CITIES  AND  VILLAGES. 


offices  except  the  mayor  and  aldermen  shall  be  filled  by  like  ap- 
pointment) by  and  with  the  advice  and  consent  of  the  city  council. 
The  city  council  may,  by  ordinance  not  inconsistent  with  the  pro- 
visions of  this  act,  prescribe  the  duties  and  define  the  powers  of 
all  such  officers,  together  with  the  term  of  any  such  office  :  Pro- 
vided,  the  term  shall  not  exceed  two  years. 

§  4.  All  officers  of  any  city  or  village,  whether  elected  or 
appointed,  shall,  before  entering  upon  the  duties  of  their- respec- 
tive offices,  take  and  subscribe  the  following  oath  or  affirmation  : 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  will  support  the 
constitution  ot  the  United  States  and  the  constitution  of  the  state  of  Illinois,  and 

that  I  will  faithfully  discharge  the  duties  of  the  office  of  according  to  the 

best  of  my  ability. 

Which  oath  or  affirmation,  so  subscribed,  shall  be  filed  in  the 
office  of  the  clerk.  And  all  such  officers,  except  aldermen  and 
trustees,  shall,  before  entering  upon  the  duties  of  their  respective 
offices,  execul^  a  bond  with  security,  to  be  approved  by  the  city 
council  or  board  of  trustees,  payable  to  the  city  or  village,  m  such 
penal  sum  as  may,  by  resolution  or  ordinance,  be  directed,  condi- 
ti  >ned  for  the  faithful  performance  of  the  duties  of  the  office  and 
the  payment  of  all  moneys  received  by  such  officer,  according  to 
law  and  the  ordinances  of  said  city  or  village  :  Provided,  however, 
that  in  no  case  shall  the  mayor's  bond  be  fixed  at  a  less  sum  than 
than  three  thousand  dollars  (83,000)3  nor  shall  the  treasurer's  bond 
be  fixed  at  a  less  sum  than  the  amount  of  the  estimated  tax  and 
special  assessments  for  the  current  year — which  bonds  shall  be 
filed  with  the  clerk  (except  the  bond  of  the  clerk,  which  shall  be 
filed  with  the  treasurer). 

§  5.  All  officers  elected  or  appointed  under  this  act  (except 
the  clerk,  aldermen  and  mayor,  and  trustees,)  shall  be  commis- 
sioned by  warrant,  under  the  corporate  seal,  signed  by  the  clerk 
and  the  mayor  or  presiding  officer  of  the  city  council  or  board  of 
trustees.  The  mayor  or  president  of  the  board  of  trustees  shall 
issue  a  certificate  of  appointment  or  election,  under  the  seal  of 
the  corporation,  to  the  clerk  thereof,  and  any  person  having  been 
an  officer  of  the  city  or  village,  shall,  within  five  days  after  noti- 
fication and  request,  deliver  to  his  successor  in  office  all  property, 
books  and  effects  of  every  description  in  his  possession,  belong- 
to  the  city  or  village,  or  appertaining  to  his  said  office ;  and 
n  his  refusal  to  do  so,  shall  be  liable  for  all  damages  caused 
reby,  and  to  such  penalty  as  may  by  ordinance  be  prescribed. 
§  6.  No  person  shall  be  eligible  to  any  office  who  is  not  a 
qualified  elector  of  the  city  or  village,  and  who  shall  not  have  re- 
sided therein  at  least  one  year  next  preceding  his  election  or  ap- 
pointment, nor  shall  any  person  be  eligible  to  any  office  who  is  a 
defaulter  to  the  corporation. 

§  7.  No  officer  shall  be  directly  or  indirectly  interested  in 
any  contract,  work  or  business  of  the  city,  or  the  sale  of  any  arti- 


CITIES  AND  VILLAGES. 


25 


cle,  the  expense,  price  or  consideration  of  which  is  paid  from  the 
treasury,  or  by  any  assessment  levied  by  any  act  or  ordinance  j  nor 
in  the  purchase  of  any  real  estate  or  other  property  belonging  to 
the  corporation,  or  which  shall  be  sold  for  taxes  or  assessments, 
or  by  virtue  of  legal  process  at  the  suit  of  said  corporation. 

§  8.  Every  person  who  shall  promise,  offer  or  give,  or  cause, 
or  aid,  or  abet  in  causing  to  be  promised,  offered  or  given,  or  furnish 
or  agree  to  furnish,  in  whole  or  in  part,  to  be  promised,  offered  or 
given  to  any  member  of  the  city  council  or  board  of  trustees,  or 
any  officer  of  the  corporation,  after  or  before  his  election  or  ap- 
pointment as  such  officer,  any  moneys,  goods,  right  in  action,  or 
other  property  or  anything  of  value,  any  pecuniary  advantage, 
present  or  prospective,  with  intent  to  influence  his  vote,  opinion, 
judgment  or  action  on  any  question,  matter,  cause  or  proceeding 
which  may  be  then  pending,  or  may  by  law  be  brought  before 
him  in  his  official  capacity,  shall,  upon  conviction,  be  imprisoned 
in  the  penitentiary  for  a  term  not  exceeding  two  years,  or  shall  be 
fined  not  exceeding  $5,000,  or  both,  in  the  discretion  of  the  court. 
Every  officer  who  shall  accept  any  such  gift  or  promise,  or  under- 
taking to  make  the  same  under  any  agreement  or  understanding 
that  his  vote,  opinion,  judgment  or  action  shall  be  influenced  there- 
by, or  shall  be  given  in  any  question,  matter,  cause  or  proceeding 
then  pending,  or  which  may  by  law  be  brought  before  him  in  his 
official  capacity,  shall,  upon  conviction,  be  disqualified  from  hold- 
ing any  public  office,  trust  or  appointment  under  the  city  or  village, 
and  shall  forfeit  his  office,  and  shall  be  punished  by  imprisonment 
in  the  penitentiary  not  exceeding  two  years,  or  by  a  fine  not  ex- 
ceeding $5,000,  or  both,  in  the  discretion  of  the  court.  Every  per- 
son offending  against  either  of  the  provisions  of  this  section,  shall 
be  a  competent  witness  against  any  other  person  offending  in  the 
same  transaction,  and  may  be  compelled  to  appear  and  give  evi- 
dence before  any  grand  jury  or  in  any  court  in  the  same  manner 
as  other  persons ;  but  the  testimony  so  given  shall  not  be  used  in 
any  prosecution  or  proceeding,  civil  or  criminal,  against  the  per- 
son so  testifying. 

§  9.  No  mayor,  alderman,  city  clerk,  or  treasurer,  shall  hold 
any  other  office  under  the*  city  government  during  his  term  of 
office. 

§  10.  The  clerk  shall  keep  the  corporate  seal,  to  be  provided 
under  the  direction  of  the  city  council  or  board  of  trustees,  and 
all  papers  belonging  to  the  city  or  village ;  he  shall  attend  all 
meetings  of  the  city  council  or  board  of  trustees,  and  keep  a  full 
record  of  its  proceedings  in  the  journal  j  and  copies  of  all  papers 
duly  filed  in  his  office,  and  transcripts  from  the  journals  and  other 
records  and  files  of  his  office,  certified  by  him  under  the  corporate 
seal,  shall  be  evidence  in  all  courts  in  like  manner  as  if  the  origi- 
nals were  produced. 

§  11.    The  clerk  shall  record,  in  a  book  to  be  kept  for  that 

(7) 


26 


CITIES  AND  VILLAGES. 


purpose,  all  ordinances  passed  by  the  city  council  or  board  of 
trustees,  and  at  the  foot  of  the  record  of  each  ordinance  so  record- 
ed shall  make  a  memorandum  of  the  date  of  the  passage  and  of 
the  publication  or  posting  of  such  ordinance,  which  record  and 
memorandum,  or  a  certified  copy  thereof,  shall  be  prima  facie  evi- 
dence of  the  passage  and  legal  publication  or  posting  of  such  ordi- 
nances for  all  purposes  whatsoever. 

§  12.  The  trustees  in  villages,  the  mayor,  aldermen,  and  the 
marshal  and  his  deputies,  policemen  and  watchmen,  in  cities,  if 
any  such  be  appointed,  shall  be  conservators  of  the  peace ;  and 
all  officers  created  conservators  of  the  peace  by  this  act,  or  author- 
ized by  any  ordinance,  shall  have  power  to  arrest,  or  cause  to  be 
arrested,  with  or  without  process,  all  persons  who  shall  break  the 
peace,  or  be  found  violating  any  ordinance  of  the  city  or  village, 
or  any  criminal  law  of  the  state,  commit  for  examination,  and  if 
necessary,  detain  such  persons  in  custody  over  night  or  Sunday  in 
the  watch  house,  or  any  other  safe  place,  or  until  they  can  be 
brought  before  the  proper  magistrate,  and  shall  have  and  exercise 
such  other  powers,  as  conservators  of  the  peace,  as  the  city  council 
or  board  of  trustees  may  prescribe. 

§  13.  The  mayor  of  any  city  shall  receive  such  compensa- 
tion as  the  city  council  may  by  ordinance  direct,  but  his  compen- 
sation shall  not  be  changed  during  his  term  of  office. 

§  14.  The  aldermen  and  trustees  may  receive  such  compen- 
sation for  their  services  as  shall  be  fixed  by  ordinance  :  Provided, 
however,  such  compensation  shall  not  exceed  $3  to  each  alderman 
or  trustee  for  each  meeting  of  the  city  council,  or  board  of  trus- 
tees, actually  attended  by  him,  and  no  other  compensation  than 
for  attendance  upon  such  meetings  shall  be  allowed  to  any  alder- 
man or  trustee  for  any  services  whatsoever.  Such  compensation 
shall  not  be  changed,  after  it  has  been  once  established,  so  as  to 
take  effect  as  to  any  alderman  or  trustee  voting  for  such  change, 
during  his  term  of  office. 

§  15.  All  other  officers  may  receive  a  salary,  fees  or  other 
compensation  to  be  fixed  by  ordinance,  and  after  the  same  has 
been  once  fixed,  such  fees  or  compensation  shall  not  be  increased 
or  diminished,  to  take  effect  during  the  term  for  which  any  such 
officer  was  elected  or  appointed;  and  every  such  officer  shall 
make  and  return  to  the  mayor,  or  president  of  the  board  of  trus- 
tees, a  semi-annual  report,  verified  by  affidavit,  of  all  such  fees 
and  emoluments  received  by  him. 

§  16.  The  mayor  of  any  city,  and  the  clerk  of  any  city  or 
village,  shall  have  power  to  administer  oaths  and  affirmations  up- 
on all  lawful  occasions. 


CITIES  AND  VILLAGES. 


27 


AETICLE  VII. 


OF  FINANCE. 


Section. 


10. 

11. 
12. 


Fiscal  year. 

Annual  appropriation  ordinance.  15. 
Limitation — emergency-borrowing  16. 
money. 

Contracting  liabilities  limited. 
Duties  of  treasurer. 
Funds  kept  separate. 
Receipts. 

Monthly  statements — warrants  — 

vouchers — register. 
Deposit  of  funds — separate  from 

his  own. 

Treasurer  s  annual  report — publi- 
cation. 
Warrants. 

Special  assessment  fund  kept  sepa- 
rate. 


Section. 

14.    He  shall  report,  etc. — publication. 
Not  to  detain  money — penalty. 
Examination   of  books — paying 
over. 


17. 
18. 

19. 


20. 

21. 
22. 


23. 


CITY  COLLECTOR. 


CITY  COMPTROLLER. 

His  powers  and  duties. 
Council  may  define  duties — trans- 
fer of  clerk's  financial  duties. 
Record  of  bonds  issued  by  city. 

GENERAL  PROVISIONS. 

Further  duties  may  be  required  of 

officers. 
Appeal  to  finance  committee. 
Who  may  appoint  subordinates — 

liability. 

Foreign  insurance  companies — li- 
censes, etc. — penalties. 


13.    His  duties. 


§  1.  The  fiscal  year  of  each  city  or  village  organized  under 
this  act  shall  commence  at  the  date  established  by  law  for  the  an- 
nual election  of  municipal  officers  therein,  or  at  such  other  times 
as  may  be  fixed  by  ordinance. 

§  2.  The  city  council  of  cities,  and  board  of  trustees  in  villa- 
ges, shall,  within  the  first  quarter  of  each  fiscal  year,  pass  an  ordi- 
nance, to  be  termed  the  annual  appropriation  bill,  in  which  such 
corporate  authorities  may  appropriate  such  sum  or  sums  of  money 
as  may  be  deemed  necessary  to  defray  all  necessary  expenses  and 
liabilities  of  such  corporation  ;  and  in  such  ordinance  shall  specify 
the  objects  and  purposes  for  which  such  appropriations  are  made, 
and  the  amount  appropriated  for  each  object  or  purpose.  No  fur- 
ther appropriations  shall  be  made  at  any  other  time  within  such 
fiscal  year,  unless  the  proposition  to  make  each  appropriation  has 
been  first  sanctioned  by  a  majority  of  the  legal  voters  of  such  city 
or  village,  either  by  petition  signed  by  them,  or  at  a  general  or 
special  election  duly  called  therefor. 

§  3.  Neither  the  city  council  nor  the  board  of  trustees,  nor 
any  department  or  officer  of  the  corporation,  shall  add  to  the  cor- 
poration expenditures  in  any  one  year  anything  over  and  above 
the  amount  provided  for  in  the  annual  appropriation  bill  of  that 
year,  except  as  is  herein  otherwise  specially  provided;  and  no  ex- 
penditure for  an  improvement  to  be  paid  for  out  of  the  general 
fund  of  the  corporation  shall  exceed,  in  any  one  year,  the  amount 
provided  for  such  improvement  in  the  annual  appropriation  bill : 


0 


28  CITIES  AND  VILLAGES. 


Provided,  however,  that  nothing  herein  contained  shall  prevent  the 
city  council  or  board  of  trustees  from  ordering,  by  a  two-thirds 
vote,  any  improvement,  the  necessity  of  which  is  caused  by  any 
casualty  or  accident  happening  after  such  annual  appropriation 
is  made.  The  city  council  or  board  of  trustees  may,  by  a  like 
vote,  order  the  mayor  or  president  of  the  board  of  trustees  and 
finance  committee  to  borrow  a  sufficient  amount  to  provide  for  the 
.expense  necessary  to  be  incurred  in  making  any  improvements, 
the  necessity  of  which  has  arisen  as  is  last  above  mentioned,  for  a 
space  of  time  not  exceeding  the  close  of  the  next  fiscal  year — 
which  sum,  and  the  interest,  shall  be  added  to  the  amount  author- 
ized to  be  raised  in  the  next  general  tax  levy,  and  embraced 
therein.  Should  any  judgment  be  obtained  against  the  corpora- 
tion, the  mayor,  or  president  of  the  board  of  trustees  and  finance 
committee,  under  the  sanction  of  the  city  council  or  board  of  trus- 
tees, may  borrow  a  sufficient  amount  to  pay  the  same,  for  a  space 
of  time  not  exceeding  the  close  of  the  next  fiscal  year — which 
sum  and  interest  shall,  in  like  manner,  be  added  to  the  amount 
authorized  to  be  raised  in  the  general  tax  levy  of  the  next  year, 
and  embraced  therein. 

§  4.  No  contract  shall  be  hereafter  made  by  the  city  council 
or  board  of  trustees,  or  any  committee  or  member  thereof;  and  no 
expense  shall  be  incurred  by  any  of  the  officers  or  departments 
of  the  corporation,  whether  the  object  of  the  expenditure  shall 
have  been  ordered  by  the  city  council  or  board  of  trustees  or  not, 
unless  an  appropriation  shall  have  been  previously  made  concern- 
ing such  expense,  except  as  herein  otherwise  expressly  provided. 

§  5.  The  treasurer  shall  receive  all  moneys  belonging  to  the 
corporation,  and  shall  keep  his  books  and  accounts  in  such  man- 
ner as  may  be  prescribed  by  ordinance,  and  such  books  and  ac- 
counts shall  always  be  subject  to  the  inspection  of  any  member  of 
the  city  council  or  board  of  trustees. 

§  6.  He  shall  keep  a  separate  account  of  each  fund  or  appro- 
priation, and  the  debts  and  credits  belonging  thereto. 

§  7.  He  shall  give  every  person  paying  money  into  the  treas- 
ury a  receipt  therefor,  specifying  the  date  of  payment,  and  upon 
what  account  paid ,  and  he  shall  also  file  copies  of  such  receipts 
with  the  clerk,  at  the  date  of  his  monthly  reports. 

§  8.  The  treasurer  shall,  at  the  end  of  each  and  every  month, 
and  oftener  if  required,  render  an  account  to  the  city  council  or 
board  of  trustees,  or  such  officer  as  may  be  designated  by  ordinance, 
(under  oath),  showing  the  state  of  the  treasury  at  the  date  of  such 
account,  and  the  balance  of  money  in  the  treasury.  He  shall  also 
accompany  such  accounts  with  a  statement  of  all  moneys  received 
into  the  treasury,  and  on  what  account,  together  with  all  warrants 
redeemed  and  paid  by  him  :  which  said  warrants,  with  any  and  all 
vouchers  held  by  him,  shall  be  delivered  to  the  clerk,  and  filed 
with  his  said  account  in  the  clerk's  office,  upon  every  day  of  such 


CITIES  AND  VILLAGES. 


29 


settlement.  He  shall  return  all  warrants  paid  by  him  stamped  or 
marked  "paid."  He  shall  keep  a  register  of'all  warrants  redeemed 
and  paid,  which  shall  describe  such  warrants,  and  show  the  date, 
amount,  number,  the  fund  from  which  paid,  the  name  of  the  per- 
son to  whom  and  when  paid. 

§  9.  The  treasurer  may  be  required  to  keep  all  moneys  in 
his  hands,  belonging  to  the  corporation,  in  such  place  or  places  ot 
deposit  as  may  be  designated  by  ordinance  :  Provided,  however,  no 
such  ordinance  shall  be  passed  by  which  the  custody  of  such  money 
shall  be  taken  from  the  treasurer  and  deposited  elsewhere  than  in 
some  regularly  organized  bank,  nor  without  a  bond  to  be  taken 
from  such  bank,  in  such  penal  sum  and  with  such  security  as  the 
city  council  or  board  of  trustees  shall  direct  and  approve,  sufficient 
to  save  the  corporation  from  any  loss;  but  such  penal  sum  shall  not 
be  less  than  the  estimated  receipts  for  the  current  year  from  taxes 
and  special  assessments  levied,  or  to  be  levied,  by  the  corporation. 
The  treasurer  shall  keep  all  moneys  belonging  to  the  corporation 
in  his  hands  separate  and  distinct  from  his  own  moneys,  and  he  is 
hereby  expressly  prohibited  from  using,  either  directly  or  indi- 
rectly, the  corporation  money  or  warrants  in  his  custody  and 
keeping,  for  his  own  use  and  benefit,  or  that  of  any  other  person 
or  persons  whomsoever;  and  any  violation  of  this  provision  shall 
subject  him  to  immediate  removal  from  office  by  the  city  council 
or  board  of  trustees,  who  are  hereby  authorized  to  declare  said 
office  vacant  j  and  in  which  case  his  successor  shall  be  appointed, 
who  shall  hold  his  office  for  the  remainder  of  the  term  unexpired 
of  such  officer  so  removed. 

§  10.  The  treasurer  shall  report  to  the  city  council  or  board 
of  trustees,  as  often  as  required,  a  full  and  detailed  account  of  all 
receipts  and  expenditures  of  the  corporation,  as  shown  by  his 
books,  up  to  the  time  of  said  report;  and  he  shall,  annually,  be- 
tween the  first  and  tenth  of  April,  make  out  and  file  writh  the  clerk 
a  full  and  detailed  account  of  all  such  receipts  and  expenditures, 
and  of  all  his  transactions,  as  such  treasurer,  daring  the  preceding 
fiscal  year,  and  shall  show  in  such  account  the  state  of  the  treasury 
at  the  close  of  the  fiscal  year  :  which  account  the  clerk  shall  im- 
mediately cause  to  be  published  in  a  newspaper  printed  in  such 
city,  if  there  be  one,  and  if  not,  then  by  posting  the  same  in  a  pub- 
lic place  in  the  clerk's  office. 

§  11.  All  warrants  drawn  upon  the  treasurer  must  be  signed 
by  the  mayor  and  countersigned  by  the  clerk,  stating  the  particu- 
lar fund  or  appropriation  to  which  the  same  is  chargeable,  and  the 
person  to  whom  payable ;  and  no  money  shall  be  otherwise  paid 
than  upon  such  warrants  so  drawn,  except  as  hereinafter  pro- 
vided. 

§  12.  All  moneys  received  on  any  special  assessment  shall 
be  held  by  the  treasurer  as  a  special  fund,  to  be  applied  to  the 
payment  of^the  improvement  for  which  the  assessment  was  made, 

(8) 


30 


CITIES  AND  VILLAGES. 


and  said  money  shall  be  used  for  no  other  purpose  whatever,  un- 
less to  reimburse  such  corporation  for  money  expended  for  such 
improvement. 


CITY  COLLECTOR. 


§  13.  It  shall  be  the  duty  of  the  collector,  when  one  is  ap- 
pointed, to  preserve  all  warrants  which  are  returned  into  his 
hands,  and  he  shall  keep  such  books  and  his  accounts  in  such 
manner  as  the  city  council  may  prescribe.  Such  warrants,  books, 
and  all  papers  pertaining  to  his  office,  shall  at  all  times  be  open  to 
the  inspection  of  and  subject  to  the  examination  of  the  mayor,  city 
clerk,  any  member  of  the  council,  or  committee  thereof.  He  shall 
weekly,  and  oftener  if  required  by  the  council,  pay  over  to  the 
treasurer  all  moneys  collected  by  him  from  any  source  whatever, 
taking  such  treasurer's  receipt  therefor,  which  receipt  he  shall  im- 
mediately file  with  the  city  clerk  ;  but  the  city  clerk  shall,  at  the 
time,  or  on  demand,  give  such  tax  collector  a  copy  of  any  such  re- 
ceipt so  filed. 

§  14.  He  shall  make  a  report,  in  writing,  to  the  council,  or 
any  officer  designated  by  the  council,  of  all  moneys  collected  by 
him,  the  account  whereon  collected,  or  of  any  other  matter  in 
connection  with  his  office,  when  required  by  the  council  or  by  any 
ordinance  of  the  city.  He  shall  also,  annually,  between  the  first 
and  tenth  of  April,  file  with  the  clerk  a  statement  of  all  the  mon- 
eys collected  by  him  during  the  year,  the  particular  warrant, 
special  assessment  or  account  on  which  collected,  the  balance  of 
moneys  uncollected  on  all  warrants  in  his  hands,  and  the  balance 
remaining  uncollected  at  the  time  of  the  return  on  all  warrants 
which  he  shall  have  returned,  during  the  preceding  fiscal  year,  to 
the  city  clerk.  The  city  clerk  shall  publish  or  post  the  same,  as 
hereinbefore  required  to  be  done  in  regard  to  the  annual  report 
of  the  treasurer, 

§  15.  The  collector  is  hereby  expressly  prohibited  from 
keeping  the  moneys  of  the  city  in  his  hands,  or  in  the  hands  of 
any  person  or  corporation,  to  his  use,  beyond  the  time  which  may 
be  prescribed  for  the  payment  of  the  same  to  the  treasurer,  and 
any  violation  of  this  provision  will  subject  him  to  immediate  re- 
moval from  office. 

§  16.  All  the  city  collector's  papers,  books,  warrants  and 
vouchers  may  be  examined  at  any  time  by  the  mayor  or  clerk,  or 
any  member  of  the  city  council;  and  the  collector  shall  every  two 
weeks,  or  oftener  if  the  city  council  so  direct,  pay  over  all  money 
collected  by  him  from  any  person  or  persons,  or  associations,  to  the 
treasurer,  taking  his  receipt  therefor  in  duplicate,  one  of  which 
receipts  he  shall  at  once  file  in  the  office  of  the  clerk. 


CITIES  AND  VILLAGES. 


31 


CITY  COMPTROLLER. 

§  17.  The  city  comptroller  (if  there  shall  be  any  city  comp- 
troller appointed,  if  not,  then  the  clerk)  shall  exercise  a  general 
supervision  over  all  the  officers  of  the  corporation  charged  in  any 
manner  with  the  receipt,  collection  or  disbursement  of  corporation 
revenues,  and  the  collection  and  return  of  all  such  revenues  into 
the  treasury.  He  shall  have  the  charge,  custody  and  control  of 
all  deeds,  leases,  warrants,  vouchers,  books  and  papers  of  any  kind, 
the  custody  and  control  of  which  is  not  herein  given  to  any  other 
officers ;  and  he  shall,  on  or  before  the  fifteenth  day  of  May,  in  each 
year,  and  before  the  annual  appropriations  to  be  made  by  the  city 
council  or  the  board  of  trustees,  submit  to  the  city  council  or 
board  of  trustees  a  report  of  his  estimates,  as  nearly  as  may  be,  of 
moneys  necessary  to  defray  the  expenses  of  the  corporation  dur- 
ing the  current  fiscal  year.  He  shall,  in  said  report,  class  the  dif- 
ferent objects  and  branches  of  expenditures,  giving,  as  nearly  as 
may  be,  the  amount  required  for  each  ;  and  for  the  purpose  of 
making  such  report,  he  is  authorized  to  require  of  all  officers  their 
statement  of  the  condition  and  expenses  of  their  respective  offices 
or  departments,  with  any  proposed  improvements  and  the  probable 
expense  thereof,  all  contracts  made  and  unfinished,  and  the  amount 
of  any  and  all  unexpended  appropriations  of  the  preceding  year. 
He  shall,  in  such  report,  show  the  aggregate  income  of  the  preceding 
fiscal  year,  from  all  sources,  the  amount  of  liabilities  outstanding 
upon  which  interest  is  to  be  paid,  the  bonds  and  debts  payable 
during  the  year,  when  due  and  when  payable;  and  in  such  report 
he  shall  give  such  other  information  to  the  council  or  board  of 
trustees  as  he  may  deem  necessary,  to  the  end  that  the  city  coun- 
cil or  board  of  trustees  may  fully  understand  the  money  exigencies 
and  demands  upon  the  corporation  for  the  current  year. 

§  18.  When  there  shall  be  appointed  in  any  city  a  comp- 
troller, the  city  council  may,  by  ordinance  or  resolution,  confer 
upon  him  such  powers,  and  provide  for  the  performance  of  such 
duties  by  him,  as  the  city  council  shall  deem  necessary  and  proper  ; 
and  all  the  provisions  of  this  act  relating  to  the  duties  of  city  clerk, 
or  the  powers  of  city  clerk  in  connection  with  the  finances,  the 
treasurer  and  collector,  or  the  receipt  and  disbursments  of  the 
moneys  of  such  city,  shall  be  exercised  and  performed  by  such 
comptroller,  if  one  there  shall  be  appointed;  and  to  that  end  and 
purpose,  wherever  in  this  act  heretofore  the  word  "  clerk  "  is 
used,  it  shall  be  held  to  mean  "comptroller;"  and  wherever  the 
"  clerk's  office  "  is  referred  to,  it  shall  be  held  to  mean  "  comp- 
troller's office." 

§  19.  The  comptroller,  when  there  shall  be  a  comptroller,  and 
if  not,  then  the  clerk,  shall  keep  in  his  office,  in  a  book  or  books 
kept  expressly  for  that  purpose,  a  correct  list  of  all  the  outstanding 


32 


CITIES  AND  VILLAGES. 


bonds  of  the  city,  showing  the  number  and  amount  of  each,  for 
and  to  whom  the  said  bonds  are  issued ;  and  when  any  city  bonds 
are  purchased,  or  paid,  or  canceled,  said  book  or  books  shall  show 
the  tact  ;  and  in  his  annual  report  he  shall  describe,  particularly, 
the  bonds  sold  during  the  year,  and  the  terms  of  sale,  with  each 
and  every  item  of  expense  thereof. 

GENERAL  PROVISIONS. 

§  20.  The  collector  and  treasurer,  and  all  other  officers  con- 
nected with  the  receipt  and  expenditure  of  money,  shall  perform 
such  other  duties,  and  be  subject  to  such  other  rules  and  regula- 
tions as  the  city  council  or  board  of  trustees  may,  from  time  to 
time,  by  ordinance,  provide  and  establish. 

§  21.  In  the  adjustment  of  the  accounts  of  the  collector  or 
treasurer  with  the  clerk  (or  comptroller  if  there  shall  be  one), 
there  shall  be  an  appeal  to  the  finance  committee  of  the  council  or 
board  of  trustees,  whose  decision  in  all  matters  of  controversy 
arising  between  said  officers  shall  be  binding,  unless  the  city 
council  or  board  of  trustees  shall  otherwise  direct  and  provide. 

§  22.  The  comptroller  (if  there  shall  be  one),  the  clerk, 
treasurer  and  collector,  shall,  severally,  appoint  such  various  clerks 
and  subordinates  in  their  respective  offices  as  the  city  council  or 
board  of  trustees  may  authorize,  and  shall  be  held,  severally, 
responsible  for  the  fidelity  of  all  persons  so  appointed  by  them. 

§  23.  All  corporations,  companies  or  associations  not  incorpo- 
rated under  the  laws  of  this  state,  engaged  in  any  city  in  effecting 
fire  insurance,  shall  pay  to  the  treasurer  the  sum  of  $2  upon  the  $100 
of  the  net  receipts  by  their  agency  in  such  city,  and  at  that  rate 
upon  the  amount  of  all  premiums  which,  during  the  half  year 
ending  on  every  first  day  of  July  and  January,  shall  have  been 
received  for  any  insurance  effected  or  agreed  to  be  effected  in  the 
city  or  village,  by  or  with  such  corporations,  companies  or  associ- 
ations, respectively.  Every  person  who  shall  act  in  any  city  or 
village  as  agent,  or  otherwise,  for  or  on  behalf  of  any  such 
corporation,  company  or  association,  shall,  on  or  before 
the  fifteenth  day  of  July  and  January,  in  each  year,  ren- 
der to  the  comptroller  (if  any  there  be,  if  not,  to  the 
clerk),  a  full,  true  and  just  account,  verified  by  his  oath,  of 
all  premiums  which,  during  the  half  year  ending  on  every  first 
day  of  July  and  January  preceding  such  report,  shall  have  been 
received  by  him,  or  any  other  person  for  him,  in  behalf  of  any 
such  corporation,  company  or  association,  and  shall  specify  in  said 
account  the  amounts  received  for  fire  insurance.  Such  agents 
shall  also  pay  over  to  the  treasurer,  at  the  time  of  rendering  the 
aforesaid  account,  the  amount  of  rates  for  which  the  company  or 
companies  represented  by  them  are  severally  chargeable  by  virtue 
hereof.     If  such  account  be  not  rendered  on  or  before  the  day 


CITIES  AND  VILLAGES. 


38 


hereinbefore  designated  for  that  purpose,  or  if  the  said  rates  shall 
remain  unpaid  after  that  day,  it  shall  be  unlawful  for  any  corpo- 
ration, company  or  association  so  in  default  to  transact  any 
business  of  insurance  in  any  such  city  or  village,  until  the  said 
requisitions  shall  have  been  fully  complied  with ;  but  this  provis- 
ion shall  not  relieve  any  company  from  the  payment  of  any  risk 
that  may  be  taken  in  violation  hereof.  Any  person  or  persons 
violating  any  of  the  provisions  of  this  section  shall  be  subject  to 
indictment,  and  upon  conviction  thereof,  in  any  court  of  compe- 
tent jurisdiction,  shall  be  fined  in  any  sum  not  exceeding  $1,000, 
or  imprisoned  not  exceeding  six  months,  or  both,  in  the  discretion 
of  the  court.  Said  rates  may  also  be  recovered  of  such  corpora- 
tion, company  or  association,  or  its  agent,  by  action  in  the  name 
and  for  the  use  of  any  such  city  or  village,  as  for  money  had  and 
received  for  its  use  :  Provided,  that  this  section  shall  only  apply 
to  such  cities  and  villages  as  have  au  organized  fire  department, 
or  maintain  some  organization  for  the  prevention  of  fires. 


■o- 


AETICLE  VIII. 

OF  THE  ASSESSMENT  AND  COLLECTION  OF  TAXES. 

Section.  Section. 

1.  Ordinance  levying  tax.  4.    When  tax  levied   for  particular 

2.  Manner  of  collecting.  purpose. 

3.  Time  of  paying  over.  5.    Tax  to  be  uniform. 

§  1.  The  city  council  in  cities,  and  board  of  trustees  in  vil- 
lages, may  assess  and  collect  taxes  for  corporate  purposes,  in  the 
following  manner  :  The  city  council  or  board  of  trustees,  as  the 
case  may  be,  shall,  on  or  before  the  second  Tuesday  in  September 
(August),  in  each  year,  ascertain  the  total  amount  of  appropria- 
tions for  all  corporate  purposes,  legally  made,  and  to  be  collected 
from  the  tax  levy  of  that  fiscal  year,  and  by  ordinance  levy  and 
assess  such  amount,  so  ascertained,  upon  the  real  and  personal 
property  within  the  city  or  village  subject  to  taxation,  as  the  same 
is  assessed  for  state  and  county  purposes  for  the  current  year.  A 
certified  copy  of  such  ordinance  shall  be  filed  with  the  county 
clerk  of  the  proper  county,  whose  duty  it  shall  be  to  ascertain  the 
rate  per  cent,  which,  upon  the  total  valuation  of  all  property  sub- 
ject to  taxation  within  the  city  or  village,  as  the  same  is  assessed 
and  equalized  for  state  and  county  purposes,  will  produce  a  net 
amount  not  less  than  the  amount  so  directed  to  be  levied  and 

(9) 


34 


CITIES  AND  VILLAGES. 


assessed ;  and  it  shall  be  the  duty  of  the  county  clerk  to  extend 
such  tax,  in  a  separate  column,  upon  the  book  or  books  of  the 
collector  or  collectors  of  state  and  county  taxes  within  such  city 
or  village. 

§  2.  The  tax  so  assessed  shall  be  collected  and  enforced  in  the 
same  manner  and  by  the  same  officers  as  state  and  county  taxes, 
and  shall  be  paid  over  by  the  officers  collecting  the  same  to  the 
treasurer  of  the  city  or  village. 

§  3.    It  shall  be  the  duty  of  the  officer  collecting  such  tax  to 
settle  with  and  pay  over  to  such  treasurer,  as  often  as  once  in  two 
weeks  from  the  time  he  shall  commence  the  collection  thereof,  all. 
such  taxes  as  he  shall  then  have  collected,  till  the  whole  tax 
collected  shall  have  been  paid  over. 

§  4.  Whenever  any  city  or  village  is  required  to  levy  a  tax 
for  the  payment  of  any  particular  debt,  appropriation  or  liability 
of  the  same,  the  tax  for  such  purpose  shall  be  included  in  the 
total  amount  assessed  by  the  city  council  or  board  of  trustees,  and 
certified  to  the  county  clerk  as  aforesaid;  but  the  city  council  or 
board  of  trustees  shall  determine,  in  the  ordinance  making  such 
assessment,  what  proportion  of  such  total  amount  shall  be  appli- 
cable to  the  payment  of  such  particular  debt,  appropriation  or 
liability;  and  the  city  or  village  treasurer  shall  set  apart  such 
proportion  of  the  tax  collected  and  paid  to  him  for  the  payment 
of  such  particular  debt,  appropriation  or  liability,  and  shall  not 
disburse  the  same  for  any  other  purpose  until  such  debt,  appro- 
priation or  liability  shall  have  been  discharged. 

§  5.  All  taxes  levied  or  assessed  by  any  city  or  village, 
except  special  assessments  for  local  improvements,  shall  be  uni- 
form upon  all  taxable  property  and  persons  within  the  limits  of 
the  city,  and  no  property  shall  be  exempt  therefrom  other  than 
such  property  as  may  be  exempt  from  taxation  under  the  consti- 
tution and  general  laws  of  the  state. 


CITIES  AND  VILLAGES. 


35 


AETICLE  IX. 


SPECIAL  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS. 


Section. 

Section. 

1. 

Powers  conferred. 

29. 

Objections — judgment  by  default. 

2 

Ordinance  for  improvement. 

30. 

Hearing — jury. 

3. 

When  property  is  to  be  taken. 

31. 

Precedence. 

4. 

Petition. 

32. 

Court  may  modify,  etc.,  the  assess- 

5. 

Form  of  petition. 

ment. 

6. 

Summons — publication — notice. 

33. 

Judgment  several — appeal,  etc.— 

7. 

Hearing — jury. 

lien. 

8. 

Jury  to  ascertain  compensation — 

34. 

Judgment  certified  to  city  clerk— 

admitting  other  parties. 

filing — warrant. 

9. 

Viewing  premises — ownership,  etc.  35. 

Form  of  warrant. 

10. 

Judgment — new    parties — further  36. 

Collector's  notice — form  of. 

proceedings. 

37. 

Manner  of  collecting  —  entry  of 

11. 

Powers  of  court. 

of  payment. 

12. 

Ownership  —  further  powers    of  38. 

Report  of  delinquent  list  to  county 

court. 

collector — evidence — defence. 

13. 

Persons  under  disability. 

39. 

Application  for  judgment — what 

14. 

Judgment — effect — appeal,  etc. 

laws  govern. 

15. 

Order  for  possession. 

40. 

Return  of  sales — redemption. 

16. 

When  improvement  made  by  gene- 

41. 

Penalty  when  lands  are  sold  for 

ral  tax. 

tax,  etc.  f 

17. 

Special  taxation. 

42. 

Paying  over — compensation. 

43. 

General  revenue  laws  apply. 

SPECIAL  ASSESSMENT. 

44. 

City  or  village  may  buy  in. 

45. 

When  assessments  set  aside — new 

18. 

How  made. 

assessment. 

19. 

Ordinance  for— sidewalks  —  own- 

46. 

Supplemental  assessments. 

er's  rights. 

47. 

New   assessments    against  delin* 

20. 

Estimate  of  cost. 

quents — lien — limitation. 

21. 

Order  for  proceedings  in  court. 

48. 

Contracts    payable    from  assess- 

22. 

Petition  to  court. 

ments. 

23. 

Appointment  of  commissioners — 

49. 

How  oontracts  let- — approval. 

oath. 

50. 

Lien. 

24. 

Duty  of  commissioners. 

51. 

Collection  of  assessment  by  suit. 

25. 

Assessment  roll — return  of  roll. 

52. 

Supplemental   petition   to  assess 

26. 

Notice  by  mail,  posting  and  publi- 

benefits in  condemnation  cases. 

cation. 

58. 

Adoption  of  this  article. 

27. 

Proof  of  notice. 

28. 

Continuance  when  notice  not  in 

time. 


§  1.  That  the  corporate  authorities  of  cities  and  villages  are 
hereby  vested  with  power  to  make  local  improvements  by  special 
assessment  or  by  special  taxation,  or  both,  of  contiguous  property, 
or  general  taxation,  or  otherwise,  as  they  shall  by  ordinance 
prescribe. 

§  2.  When  any  such  city  or  village  shall,  by  ordinance,  pro- 
vide for  the  making^  of  any  local  improvement,  it  shall,  by  the 
same  ordinance,  prescribe  whether  the  same  shall  be  made  by 
special  assessment,  or  by  special  taxation  of  contiguous  property, 
or  general  taxation,  or  both. 


CITIES  AND  VILLAGES. 


§  3.  Should  said  ordinance  provide  for  improvements  which 
require  the  taking  or  damaging  of  property,  the  proceeding  for 
making  just  compensation  therefor  shall  be  as  follows: 

§  4.  Whenever  any  such  ordinance  shall  be  passed  by  the 
legislative  authority  of  any  such  city  or  village,  for  the  making 
of  any  improvement  mentioned  in  the  first  section  of  this  act,  or 
any  other  local  improvement  mentioned  in  the  first  section  of  this 
act,  or  any  other  local  improvement  that  such  city  or  village  is 
authorized  to  make,  the  making  of  which  will  require  that  private 
property  be  taken  or  damaged  for  public  use,  such  city  or  village 
shall  file  a  petition  in  some  court  of  record  of  the  county  in  which 
such  city  is  situated,  in  the  name  of  the  city,  praying  that  "the 
just  compensation  to  be  made  for  private  property  to  be  taken  or 
damaged  for  the  improvement  or  purpose  specified  in  such  ordi- 
nance shall  be  ascertained  by  a  jury." 

§  5.  Such  petition  shall  contain  a  copy  of  the  said  ordinance, 
certified  by  the  clerk,  under  the  corporate  seal  j  a  reasonably 
accurate  description  of  the  lots,  parcels  of  land  and  property  which 
will  be  taken  or  damaged,  and  the  names  of  the  owners  and  occu- 
pants thereof,  so  far  as  known  to  the  board  or  officer  filing  the 
petition,  and  where  any  known  owners  are  non-residents  of  the 
state,  stating  the  fact  of  such  non-residence. 

§  6.  Upon  the  filing  of  the  petition  aforesaid,  a  summons, 
which  may  be  made  returnable  upon  any  day  in  term  time,  shall 
be  issued  and  served  upon  the  persons  made  parties  defendant,  as 
in  cases  in  chancery.  And  in  case  any  of  them  are  unknown,  or 
reside  out  of  this  state,  the  clerk  of  the  court,  upon  an  affidavit  being 
filed  showing  such  fact,  shall  cause  publication  to  be  made  in  some 
newspaper  printed  in  his  county,  or,  if  there  be  no  newspaper 
published  in  his  county,  then  in  some  newspaper  published  in  this 
state,  containing  notice  of  the  pendency  of  such  proceeding,  the 
parties  thereto,  the  title  of  the  court,  and  the  time  and  place  of 
the  return  of  the  summons  in  the  case,  and  the  nature  of  said 
proceeding;  such  publication  to  be  made  for  four  weeks  consecu- 
tively, at  least  once  in  each  week,  the  first  of  which  shall  be  at 
least  thirty  days  before  the  return  day  of  such  summons.  Notices 
so  given  by  publication  shall  be  sufficient  to  authorize  the  court  to 
hear  and  determine  the  suit,  as  though  all  parties  had  been  sued 
by  their  proper  names  and  had  been  personally  served.  [As 
amended  by  act  approved  and  in  force  March  30,  1874. 

§  7.  Upon  the  return  of  said  summons,  or  as  soon  thereafter 
as  the  business  of  the  court  will  permit,  the  said  court  shall  pro- 
ceed to  the  hearing  of  such  petition,  and  shall  impanel  a  jury  to 
ascertain  the  just  compensation  to  be  paid  to  all  of  such  owners 
or  occupants  aforesaid ;  but  if  any  defendant  or  party  in  interest 
shall  demand,  or  the  court  shall  deem  it  proper,  separate  juries 
may  be  impaneled  as  to  the  compensation  or  damages  to  be  paid 


CITIES  AND  VILLAGES. 


87 


to  any  one  or  more  of  such  defendants  or  parties  in  interest.  [As 
amended  by  act  approved  and  in  force  March  30,  1874. 

§  8.  Such  jury  shall  also  ascertain  the  just  compensation  to  be 
paid  to  any  person  claiming  an  interest  in  any  lot,  parcel  of  land 
or  property  which  may  be  taken  or  damaged  by  such  improve- 
ment, whether  or  not  such  person's  name,  or  such  lot,  parcel  of 
.  land,  or  other  property,  is  mentioned  or  described  in  such  peti- 
tion :  Provided,  such  person  shall  first  be  admitted  as  a  party 
defendant  to  said  suit  by  such  court,  and  shall  file  a  statement  of 
his  interest  in  and  description  of  the  lot,  parcel  of  land,  or  other 
property  in  respect  to  which  he  claims  compensation. 

§  9.  The  court  may  the  upon  motion  of  such  city  or  village,  or 
of  any  person  claiming  any  such  compensation,  direct  that  said 
jury  (under  the  charge  of  an  officer  of  the  court)  shall  view  the 
premises  which  it  is  claimed  by  any  party  to  said  proceeding  will 
be  taken  or  damaged  by  said  improvement,  and  in  any  case,  where 
there  is  no  satisfactory  evidence  given  to  the  jury  as  to  the  own- 
ership of,  or  as  to  the  extent  of  the  interest  of  any  defendant  in 
the  property  to  be  taken  or  damaged,  the  jury  may  return  their 
verdict  as  to  the  compensation  or  damage  to  be  paid  for  the  prop- 
erty or  £art  of  property  to  be  taken  or  damaged,  and  for  the 
entire  interests  therein.  [As  amended  by  act  approved  and  in 
force  March  30,  1874. 

§  10.  Upon  the  return  of  such  verdict,  the  court  shall  order 
the  same  to  be  recorded,  and  shall  enter  such  judgment  or  decree 
thereon  as  the  nature  of  the  case  may  require.  The  court  shall 
continue  or  adjourn  the  cause,  from  time  to  time,  as  to  all  occu- 
pants and  owners  named  in  such  petition  who  shall  not  have 
been  served  with  process,  or  brought  in  by  publication,  and  shall 
order  a  new  summons  to  issue  and  new  publication  to  be  made; 
and  upon  such  occupants  or  owners  being  brought  into  court, 
shall  impanel  a  jury  to  ascertain  the  compensation  so  to  be  paid 
to  such  defendant  or  defendants,  for  private  property  taken  or 
damaged;  and  like  proceedings  shall  be  had  for  such  purpose  as 
hereinbefore  provided  for  the  ascertaining  of  compensation  to 
other  owners. 

§  11.  The  court  shall  have  power,  at  any  time,  upon  proof 
that  any  such  owner  or  owners  named  in  such  petition,  who  has 
not  been  served  with  process,  has  ceased  to  be  such  owner  or 
owners  since  the  filing  of  such  petition,  to  impanel  a  jury  and 
ascertain  the  just  compensation  to  be  made  for  the  property 
(or  the  damage  thereto)  which  had  been  owned  by  the  person  or 
persons  so  ceasing  to  own. the  same;  and  the  court  may,  upon  any 
finding  or  findings  of  any  jury  or  juries,  or  at  any  time  during 
the  course  of  such  proceedings,  enter  such. order,  rule,  judgment 
or  decree  as  the  nature  of  the  case  may  require. 

§  12.  ~No  delay  in  making  an  assessment  of  compensation 
shall  be  occasioned  by  any  doubt  or  contest  which  may  arise  as 

(10) 


38 


CITIES  AND  VILLAGES. 


to  the  ownership  of  the  property,  or  any  part  thereof,  or  as  to 
the  interests  of  the  respective  owners  or  claimants,  but  in  such  case 
the  court  may  impanel  a  jury  and  ascertain  the  entire  compensa- 
tion or  damage  that  should  be  paid  for  the  property,  or  part  of 
property,  and  the  entire  interests  of  all  parties  therein,  and  may 
require  adverse  claimants  to  interplead  so  as  to  fully  determine 
their  rights  and  interests  in  the  compensation  so  ascertained. 
And  the  const  may  make  such  order  as  may  be  necessary  in  regard, 
to  the  deposit  or  payment  of  such  compensation. 

§  13.  When  it  shall  appear,  from  said  petition  or  otherwise, 
at  any  time  during  the  proceedings  upon  such  petition,  that  any 
infant,  or  insane  or  distracted  person,  is  interested  in  any  property 
that  is  to  be  taken  or  damaged,  the  court  shall  appoint  a  guardian, 
ad  litem,  for  such  infant  or  insane  or  distracted  person,  to  appear 
and  defend  for  him,  her  or  them;  and  the  court  shall  make  such 
order  or  decree  as  it  shall  <leem  proper  to  protect  and  secure  the 
interest  of  such  infant,  or  insane  or  distracted  person,  in  such  prop- 
erty, or  the  compensation  which  shall  be  awarded  therefor. 

§  14.  Any  final  judgment  or  judgments,  rendered  by  said 
court,  upon  any  finding  or  findings  of  any  jury  or  juries,  shall 
be  a  lawful  and  sufficient  condemnation  of  the  land  or  property 
to  be  taken  upon  the  payment  of  the  amount  of  such  finding  as 
hereinafter  provided.  It  shall  be  final  and  conclusive  as  to  the 
damage  caused  by  such  improvement,  unless  such  judgment  or 
judgments  shall  be  appealed  from )  but  no  appeal  or  writ  of  error 
upon  the  same  shall  delay  proceedings  under  said  ordinance,  if 
such  city  or  village  shall  deposit,  as  directed  by  the  court,  *the 
amount  of  the  judgment  and  costs,  and  shall  file  a  bond  in  the 
court  in  which  such  judgment  was  rendered,  in  a  sum  to  be  fixed 
and  with  security  to  be  approved  by  the  judge  of  said  court, 
which  shall  secure  the  payment  of  any  future  compensation  which 
may  at  any  time  be  finally  awarded  to  such  party  so  appealing  or 
suing  out  such  writ  of  error,  and  his  or  her  costs. 

§  15.  The  court,  upon  proof  that  said  just  compensation  so 
found  by  the  jury  has  been  paid  to  the  person  entitled  thereto, 
or  has  been  deposited  as  directed  by  the  court  (and  bond  given  in 
case  of  any  appeal  or  writ  of  error),  shall  enter  an  order  that  the 
city  or  village  shall  have  the  right,  at  any  time  thereafter,  to  take 
possession  of  or  damage  the  property,  in  respect  to  which  such 
compensation  shall  have  been  so  paid  or  deposited,  as  aforesaid. 

§  16.  When  the  ordinance  under  which  said  improvement  is 
ordered  to  be  made  shall  provide  that  such  improvement  shall  be 
made  by  general  taxation,  the  cost  of  such  improvement  shall  be 
added  to  the  general  appropriation  bill  of  such  city  or  village,  and 
shall  be  levied  and  collected  with  and  as  a  part  of  the  general 
taxes  of  such  city  or  village. 

§  17.  When  said  ordinance  under  which  said  local  improve- 
ment shall  be  ordered  shall  provide  that  such  improvement  shall 


CITIES  AND  VILLAGES. 


> 

be  made  by  special  taxation  of  contiguous  property,  the  same 
shall  be  levied,  assessed  and  collected  in  the  way  provided  in 
the  sections  of  this  act  providing  for  the  mode  of  making,  levying, 
assessing  and  collecting  special  assessments. 


SPECIAL  ASSESSMENT. 


§  18.  When  the  ordinance  under  which  said  local  improve- 
ment  is  ordered  to  be  made  shall  provide  that  such  improvement 
shall  be  wholly  or  in  part  made  by  special  assesment,  the  pro- 
ceedings for  the  making  such  special  assessment  shall  be  in  ac- 
cordance with  the  sections  of  this  act  [article]  from  18  to  51,  in- 
clusive. 

§  19.  Whenever  such  local  improvements  are  to  be  made 
wholly  or  in  part  by  special  assessment,  the  said  council  in  cities, 
or  board  of  trustees  in  villages,  shall  pass  an  ordinance  to  that 
effect,  specifying  therein  the  nature,  character,  locality  and 
description  of  such  improvement :  Provided,  that  whenever  any 
such  ordinance  shall  provide  only  for  the  building  or  renewing  of 
any  sidewalk,  the  owner  of  any  lot  or  piece  of  land  fronting  on 
such  sidewalk  shall  be  allowed  fifteen  days  after  the  time  at  which 
such  ordinance  shall  take  effect  in  which  to  build  or  renew  such 
sidewalk  opposite  his  land,  and  thereby  relieve  the  same  from 
assessment:  Provided,  that  the  work  so  to  be  done  shall  in  all 
respects  conform  to  the  requirements  of  such  ordinance. 

§  20.  The  city  council  or  board  of  trustees  shall  appoint 
three  of  its  members,  or  any  other  three  competent  persons,  who 
shall  make  an  estimate  of  the  cost  of  the  improvement  contempla* 
ted  by  such  ordinance,  including  labor,  materials,  and  all  other 
expenses  attending  the  same,  and  the  cost  of  making  and  levying 
the  assessment,  and  shall  report  the  same  in  writing  to  said  council 
'   or  board  of  trustees. 

§  21.  On  such  report  being  made,  and  *  approved  by  the 
council  or  board  of  trustees,  as  the  case  may  be,  it  may  order  a 
petition  to  be  filed  by  such  officer  as  it  shall  direct,  in  the  county 
court  of  its  county,  for  proceedings  to  assess  the  cost  of  such  im- 
j)rovement  in  the  manner  provided  in  this  act. 

§  22.  The  petition  shall  be  in  the  name  of  the  corporation) 
and  shall  recite  the  ordinance  for  the  proposed  improvement  and 
the  report  of  such  commission,  and  shall  pray  that  the  cost  of 
such  improvement  may  be  assessed  in  the  manner  prescribed  by 
law. 

§  23.  Upon  the  filling  of  such  petition  the  court  shall  appoint 
three  competent  persons  as  commissioners,  who  shall  take  and 
subscribe  an  oath,  in  substance  as  follows,  to  wit : 


40  CITIES  AND  VILLAGES. 


State  op  Illinois,  \ 
 County,  f  9S' 

We,  the  undersigned,  commissioners,  appointed  by  the  county  court  of  

county,  to  assess  the  cost  of  (here  state  in  general  terms  the  improvement), 

do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  we  will  a  true  and  impar- 
tial assessment  make  of  the  cost  of  said  improvement  upon  the  city  (or  village) 

of._^  ,  and  the  property  benefited  by  such  improvement,  to  the  best  of 

our  ability,  and  according  to  law. 

§  24.  It  shall  be  the  duty  of  such  commissioners  to  examine 
the  locality  where  the  improvement  is  proposed  to  be  made,  and 
the  lots,  blocks,  tracts  and  parcels  of  land  that  will  be  specially 
benefited  thereby,  and  to  estimate  what  proportion  of  the  total 
cost  of  such  improvement  will  be  of  benefit  to  the  public,  and 
what  proportion  thereof  will  be.  of  benefit  to  the  property  to  be 
benefited,  and  apportion  the  same  between  the  city  or  village  and 
such  property,  so  that  each  shall  bear  its  relative  equitable  pro- 
portion )  and  having  found  said  amounts,  to  apportion  and  assess 
the  amount  so  found  to  be  of  benefit  to  the  property  upon  the 
several  lots,  blocks,  tracts  and  parcels  of  land  in  the  proportion 
in  which  they  will  be  severally  benefited  by  such  improvement : 
Provided,  that  no  lot,  block,  tract  or  parcel  of  land  shall  be  assessed 
a  greater  amount  than  it  will  be  actually  benefited  :  And,  pro- 
vided, further,  that  it  shall  not  be  necessary  for  said  commissioners 
to  examine  the  locality  except  where  the  ordinance  provides  for 
the  opening,  widening  or  improvement  of  streets  and  alleys.  [As 
amended  by  act  approved  and  in  force  March  30,  1S74. 
[§  25  repealed  by  act  approved  April  25,  1873.] 
§  26.  They  shall  also  make  or  cause  to  be  made  an  assess- 
ment roll,  in  which  shall  appear  the  names  of  the  owners,  as  far 
as  known,  a  description  of  each  lot,  block,  tract  or  parcel  of  land, 
and  the  amount  assessed  as  special  benefits  thereto,  and  in  which 
they  shall  set  down  as  against  the  city  or  village  the  amount  they 
shall  have  found  as  public  benefit,  and  certify  such  assessment  roll 
to  the  court  by  which  they  were  appointed,  at  least  ten  days 
before  the  first  day  of  the  term  at  which  a  final  hearing  thereon 
shall  be  had.  [As  amended  by  act  approved  and  in  force  March 
30,  1874. 

§  27.  It  shall  also  be  the  duty  of  such  commissioners  to  give 
notice  of  such  assessment,  and  of  the  term  of  court  at  which  a 
final  hearing  thereon  will  be  had,  in  the  following  manner: 

First — They  shall  send  by  mail  to  each  owner  of  premises 
assessed,  whose  name  and  place  of  residence  is  known  to  them,  a 
notice,  substantially  in  the  following  form : 

Mr.  :    Your  (here  give  a  short  description  of  the  premises)  is 

assessed  $  for  public  improvement.     The  assessment  roll  will  be  returned 

to  the  term  of  the  county  court  of  county. 

(Here  give  date.)   


Commissioners. 


CITIES  AND  VILLAGES. 


41 


Second — They  shall  cause  at  least  ten  days'  notice  to  be  given, 
by  posting  notices  in  at  least  four  public  places  in  such  city  or 
village,  two  of  which  shall  be  in  the  neighborhood  of  such  pro- 
posed improvement  j  and  when  a  daily  newspaper  is  published  in 
such  city  or  village,  by  publishing  the  same  at  least  five  successive 
days  in  such  daily  newspaper,  or  if  no  daily  newspaper  is  pub- 
lished in  such  city  or  village,  and  a  weekly  newspaper  is  published 
therein,  then  at  least  once  in  each  week,  for  two  successive  w^eeks, 
in  such  weekly  newspaper,  or  if  no  daily  or  weekly  newspaper  is 
published  in  such  city  or  village,  then  in  a  newspaper  published 
in  the  county  in  wThich  such  city  or  village  is  situated.  The  notice 
may  be  substantially  as  follows  : 

SPECIAL  ASSESSMENT  NOTICE. 

Notice  is  hereby  given  to  all  persons  interested,  that  the  city  council  (or  board 

of  trustees,  as  the  case  may  be),  of  ,  having  ordered  that  (here  insert 

description  and  nature  of  improvements  substantially  as  in  ordinance,)  have 

applied  to  the  county  court  of  county  for  an  assessment  of  the  cost  of  said 

improvements,  according  to  benefits ;  and  an  assessment  thereof  having  been  made 

and  returned  to  said  court,  the  final  hearing  thereon  will  be  had  at  the  term 

of  said  court,  commencing  on  the  day  of  A.  D.  18__.     All  persons 

desiring  may  then  and  there  appear  and  make  their  defense. 

(Here  give  date.)   

Cornmis&ioners. 

[As  amended  by  act  approved  April  25,  1873  j  in  force  July 
1,  1873. 

§  28.  On  or  before  the  final  hearing,  the  affidavit  of  one  or 
more  of  the  commissioners  shall  be  filed  in  said  court,  stating  that 
they  have  sent  or  caused  to  be  sent  by  mail,  to  the  owners  whose 
premises  have  been  assessed,  and  whose  name  and  place  of  resi- 
dence are  known  to  them,  the  notice  hereinbefore  required  to  be 
sent  by  mail  to  owTners  of  premises  assessed.  They  shall  also 
cause  to  be  filed  the  affidavit  of  the  person  who  shall  have  posted 
the  notices  required  by  this  act  to  be  posted,  setting  forth  when 
and  in  what  manner  the  same  were  posted.  Such  affidavits  shall 
be  received  as  prima  facie  evidence  of  a  compliance  with  this  act 
in  regard  to  giving  such  notices.  They  shall  also  file  a  certificate 
of  publication  of  said  notice  in  like  manner  as  is  required  in  other 
cases  of  publication  of  notices.  [As  amended  by  act  approved 
April  25,  1873;  in  force  July  1,  1873. 

§  29.  If  ten  da}rs  shall  not  have  elapsed  between  the  first 
publication  or  the  putting  up  of  such  notices  and  the  first  day  of 
the  next  term  of  such  court,  the  hearing  shall  be  continued  until 
the  next  term  of  court. 

§  30.  Any  person  interested  in  any  real  estate  to  be  affected 
by  such  assessment,  may  appear  and  file  objections  to  such  report, 

(ID 


42 


CITIES  AND  VILLAGES. 


and  the  court  may  make  such  order  in  regard  to  the  time  of  filing 
such  objections  as  may  be  made  in  cases  at  law  in  regard  to  the 
time  of  filing  pleas.  As  to  all  lots,  blocks,  tracts  and  parcels  of 
land  to  the  assessment  of  which  objections  are  not  filed  within  the 
time  ordered  by  the  court,  default  may  be  entered,  and  the  assess- 
ment confirmed  by  the  court. 

§  31.  On  the  hearing,  the  report  of  the  commissioners  shall 
be  competent  evidence,  and  either  party  may  introduce  such  other 
evidence  as  may  tend  to  establish  the  right  of  the  matter.  The 
hearing  shall  be  conducted  as  in  other  cases  at  law,  and  if  it  shall 
appear  that  the  premises  of  the  objector  are  assessed  more  or  less 
than  they  will  be  benefited,  or  more  or  less  than  their  propor- 
tionate share  of  the  cost  of  the  improvement,  the  jury  shall  so 
find,  and  also  find  the  amount  for  which  such  premises  ought  to 
assessed,  and  judgment  shall  be  rendered  accordingly. 

§  32.  The  hearing  in  all  cases  arising  under  this  act  shall 
have  precedence  over  all  other  cases  in  such  court,  except  crimi- 
nal cases. 

§  33.  The  court  before  which  any  such  proceeding  may  be 
pending,  shall  have  authority,  at  any  time  before  final  adjournment 
[judgment],  to  modify,  alter,  change,  annul  or  confirm  any  assess- 
ment returned,  as  aforesaid,  or  cause  any  such  assessment  to  be 
recast  by  the  same  commissioners  whenever  it  shall  be  necessary 
for  the  attainment  of  justice,  or  may  appoint  other  commissioners 
in  the  place  of  all  or  any  of  the  commissioners  first  appointed,  for 
the  purpose  of  making  such  assessment,  or  modifying,  altering, 
changing  or  recasting  the  same,  and  may  take  all  such  proceed- 
ings and  make  all  such  orders  as  may  be  necessary  to  make  a  true 
and  just  assessment  of  the  cost  of  such  improvement  according  to 
the  principles  of  this  act,  and  may  from  time  to  time,  as  may  be 
necessary,  continue  the  application  for  that  purpose  as  to  the  • 
whole  or  any  part  of  the  premises. 

§  34.  The  judgment  of  the  court  shall  have  the  effect  of  a 
several  judgment  as  to  each  tract  or  parcel  of  land  assessed,  and 
any  appeal  from  such  judgment  or  writ  of  error  shall  not  invali- 
date or  delay  the  judgment,  except  as  to  the  property  concerning 
which  the  appeal  or  writ  of  error  is  taken.  Such  judgment  shall 
be  a  lien  upon  the  property  assessed,  from  the  date  thereof  until 
payment  shall  be  made. 

§  35.  The  clerk  of  the  court  in  which  such  judgment  is  ren- 
dered shall  certify  the  assessment  roll  and  judgment  to  the  clerk 
of  such  city  or  village,  or  if  there  has  been  an  appeal  or  writ  of 
error  taken  on  any  part  of  such  judgment,  then  he  shall  certify 
such  part  of  the  judgment  as  is  not  included  in  such  appeal  or 
writ  of  error.  The  clerk  of  the  city  or  village  shall  file  such  cer- 
tificate in  his  office,  and  issue  a  warrant  for  the  collection  of  such 
assessment. 


CITIES  AND  VILLAGES. 


43 


§  36.  The  warrant  in  all  cases  of  assessment  under  this  act 
shall  contain  a  copy  of  such  certificate  of  the  judgment,  describing 
the  lots,  blocks,  tracts  or  parcels  of  land  assessed,  and  the  respect- 
ive amounts  assessed  on  each  lot,  block,  tract  or  parcel  of  land, 
and  shall  be  delivered  to  the  officer  authorized  to  collect  such 
special  assessments.  Such  warrant  shall  give  sufficient  authority 
to  collect  the  assessments  therein  specified. 

§  37.  The  collector  receiving  such  warrant  shall  immediately 
give  notice  thereof  by  publishing  such  notice  in  one  or  more 
newspapers  in  such  city  or  village,  if  such  newspaper  is  there ; 
and  if  there  is  no  such  newspaper,  then  by  posting  four  copies 
thereof  in  public  places  along  the  line  of  the  proposed  improve- 
ment.   Such  notice  may  be  substantially  in  the  following  form  : 

SPECIAL  ASSESSMENT  NOTICE.      SPECIAL  WARRANT  NO. — 

Public  notice  is  hereby  given  that  the  (here  insert  title  of  court)  has  rendered 
judgment  for  a  special  assessment  upon  property  benefited  by  the  following  im- 
provement (here  insert  the  character  and  location  of  the  improvement  in  general 
terms)  as  Will  more  fully  appear  from  the  certified  copy  of  the  judgment  on  file  in 

the  office  of  the  clerk  of  the  city  (or  village)  of  ;  that  a  warrant  for  the 

collection  of  such  assessments  is  in  the  hands  of  the  undersigned.  All  persons 
interested  are  hereby  notified  to  call  and  pay  the  amounts  assessed,  at  the  collect- 
or's office,  (here  insert  location  of  office)  within  thirty  days  from  the  date  hereof. 

Dated  this  day  of  ,  A.  D.  18__. 

 ,  Collector. 

§  38.  It  shall  be  the  duty  of  the  collector  into  whose  hands 
the  warrant  shall  so  come,  as  far  as  practicable,  to  call  upon  all 
persons  resident  within  the  corporation  whose  names  appear  on 
the  assessment  roll,  or  the  occupants  of  the  property  assessed,  and 
personally,  or  by  written  or  printed  notice  left  at  his  or  her  usual 
place  of  abode,  inform  them  of  such  assessment,  and  request  pay- 
ment of  the  same.  Any  such  collector  omitting  so  to  do  shall  be 
liable  to  a  penalty  of  $10  for  every  such  omission,  but  the  validity 
of  the  special  assessment,  or  the  right  to  apply  for  and  obtain 
judgment  for  any  such  special  [assessment,]  shall  not  be  affected 
by  such  omission.  It  shall  be  the  duty  of  such  collector  to  write 
the  word  "paid  "  opposite  each  tract  or  lot  on  which  the  assess- 
ment is  paid,  together  with  the  name  and  post  office  address  of 
the  person  making  the  payment,  and  date  of  payment. 

§  39.  It  shall  be  the  duty  of  the  collector  of  special  assess- 
ments, within  such  time  as  the  city  council  or  board  of  trustees 
may  by  ordinance  provide,  to  make  a  report  in  writing — to  the 
,  general  officer  of  the  county  authorized,  or  to  be  designated  by 
the  general  revenue  law  of  this  state,  to  apply  for  judgment  and 
sell  lands  for  taxes  due  the  county  and  state — of  all  the  lands, 
town  lots  and  real  property  on  which  he  shall  have  been  unable 
to  collect  special  assessments,  with  the  amount  of  special  assess- 


merits  due  and  unpaid  thereon,  together  with  his  warrant,  or  with 
a  brief  description  of  the  nature  of  the  warrant  or  warrants 
received  by  him  authorizing  the  collection  thereof  ;  which  report 
shall  be  accompanied  with  the  oath  of  the  collector  that  the  list  is 
a  correct  return  and  report  of  the  lands,  town  lots  and  real  prop- 
erty on  which  the  special  assessments  levied  by  authority  of  the 

city  of  (or  village  of  ,  as  the  case  may  be),  remain  due 

and  unpaid  ;  that  he  is  unable  to  collect  the  same  or  any  part 
thereof,  and  that  he  has  given  the  notice  required  by  law  that  said 
warrants  had  been  received  by  him  for  collection.  Said  report, 
when  so  made,  shall  be  prima  facie  evidence  that  all  the  forms 
and  requirements  of  the  law  in  relation  to  making  said  return  have 
been  complied  with,  and  that  the  special  assessments  mentioned 
in  said  report  are  due  and  unpaid.  And,  upon  the  application  for 
judgment  upon  such  assessment,  no  defense  or  objection  shall  be 
made  or  heard  which  might  have  been  interposed  in  the  proceed- 
ing for  the  making  of  such  assessment,  or  the  application  for  the 
confirmation  thereof. 

§  40.  When  said  general  officer  shall  receive  the  report  pro- 
vided for  in  the  preceding  section,  he  shall  at  once  proceed  to 
obtain  judgment  against  said  lots,  parcels  of  land  and  property 
for  said  special  assessments  remaining  due  and  unpaid,  in  the 
same  manner  as  is  or  may  be  by  law  provided  for  obtaining  judg- 
ment against  lands  for  taxes  due  and  unpaid  the  county  and  state,; 
and  shall  in  the  same  manner  proceed  to  sell  the  same  for  the  said 
special  assessments  remaining  due  and  unpaid.  In  obtaining  said 
judgment  and  making  said  sale,  the  said  officers  shall  be  governed 
by  the  general  revenue  laws  of  this  state,  except  when  otherwise 
provided  herein. 

§  41.  After  making  said  sales,  the  list  of  lots,  parcels  of  land 
and  property  sold  thereat  shall  be  returned  to  the  office  of  the 
county  clerk,  and  redemption  may  be  made  as  provided  for  by  the 
general  revenue  law  of  this  state. 

§  42.  If  the  collector  shall  receive  any  moneys  for  taxes  or 
assessments,  giving  a  receipt  therefor  for  any  land  or  parcel  of 
land,  and  afterwards  return  the  same  as  unpaid  to  the  state  officers 
authorized  to  sell  lands  for  taxes,  or  shall  receive  the  same  after 
making  such  return,  and  the  same  be  sold  for  tax  or  assessment 
which  has  been  so  paid  and  receipted  for  by  himself  or  his  clerks, 
he  and  his  bondshalf  be  liable  to  the  holder  of  the  certificate  given 
to  the  purchasers  at  the  sale,  for  double  the  amount  of  the  face  of 
the  certificate,  to  be  demanded  in  two  years  from  the  date  of  the 
sale,  and  recovered  in  any  court  having  jurisdiction  of  the  amount; 
and  the  city  or  village  shall,  in  no  case,  be  liable  to  the  holder  of 
such  certificate. 

§  43.  The  collector  or  collectors,  and  the  general  officer 
aforesaid,  to  whom  the  said  warrant  shall  be  returned,  shall  pay 
over  to  the  city  or  village  treasurer  to  which  it  shall  belong  all 


CITIES  AND  VILLAGES. 


45 


moneys  collected  by  them,  respectively,  upon  or  by  virtue  of  such 
warrant,  or  upon  any  sale  for  taxes  or  otherwise,  at  such  time  or 
times,  and  in  such  manner  as  shall  be  prescribed  by  ordinance, 
and  shall  be  allowed  such  compensation  for  their  services  in  the 
collection  of  such  assessment  as  the  ordinances  of  the  city  or  vil- 
lage may  provide,  except  when  such  compensation  is  fixed  by 
general  law. 

§  44.  The  general  revenue  laws  of  this  state,  in  reference  to 
proceedings  to  recover  judgments  for  delinquent  taxes,  sale  of 
property  thereon,  the  execution  of  certificates  of  sale  and  deeds 
thereon,  the  force  and  effect  of  such  sales  and  deeds,  and  all  other 
laws  in  relation  to  the  enforcement  and  collection  of  taxes  and 
redemption  from  tax  sales,  except  as  herein  otherwise  provided, 
shall  be  applicable  to  proceedings  to  collect  such  special  assess- 
ment. 

§  45.  Any  city  or  village  interested  in  the  collection  of  any 
tax  or  special  assessment,  may  become  a  purchaser  at  any  sale  of 
real  or  personal  property  to  enforce  the  collection  of  the  same, 
and  may,  by  ordinance,  authorize  and  make  it  the  duty  of  one  or 
more  city  or  village  officers  to  attend  such  sales,  and  bid  thereat 
in  behalf  of  the  corporation. 

§  46.  If  any  assessment  shall  be  annulled  by  the  city  council 
or  board  of  trustees,  or  set  aside  by  any  court,  a  new  assessment 
may  be  made  and  returned,  and  like  notice  given  and  proceedings 
had,  as  herein  required  in  relation  to  the  first  j  and  all  parties  in 
interest  shall  have  the  like  rights,  and  the  city  council  or  board  of 
trustees  and  court  shall  perform  like  duties  and  have  like  power 
in  relation  to  any  subsequent  assessment,  as  are  hereby  given  in 
relation  to  the  first  assessment. 

§  47.  If,  in  any  case,  the  first  assessment  prove  insufficient, 
a  second  may  be  made  in  the  same  manner,  as  nearly  as  may  be, 
and  so  on,  until  sufficient  moneys  shall  have  been  realized  to  pay 
for  such  public  improvement.  If  too  large  a  sum  shall,  at  any 
time,  be  raised,  the  excess  shall  be  refunded  ratably  to  those  by 
whom  it  was  paid. 

§  48.  If,  from  any  cause,  any  city  or  village  shall  fail  to  col- 
lect the  whole  or  any  portion  of  any  special  assessment  which  may 
be  levied,  which  shall  not  be  canceled  and  set  aside  by  the  order 
of  any  court,  for  any  public  improvement  authorized  to  be  made 
and  paid  for  by  special  assessment,  the  city  council  or  board  of 
trustees  may,  at  any  time  within  five  years  after  the  confirmation 
of  the  original  assessment,  direct  a  new  assessment  to  be  made 
upon  the  delinquent  property  for  the  amount  of  such  deficiency, 
and  interest  thereon  from  the  date  of  such  original  assessment — 
which  assessment  shall  be  made,  as  near  as  may  be,  in  the  same 
manner  as  is  herein  prescribed  for  the  first  assessment.  In  all 
cases  where  partial  payment  shall  have  been  made  on  such  former 
assessment,  they  shall  be  credited  or  allowed  on  the  new  assess- 
ed) 


46 


CITIES  AND  VILLAGES. 


ment  to  the  property  for  which  they  were  made,  so  that  the  assess- 
ment shall  be  equal  and  impartial  in  its  results.  If  such  new  as- 
sessment prove  ineffectual,  either  in  whole  or  in  part,  the  city 
council  or  board  of  trustees  may,  at  any  time  within  said  period  of 
five  years,  order  a  third,  and  so  on,  to  be  levied  in  the  same  man- 
ner and  for  the  same  purpose;  and  it  shall  constitute  no  legal  ob- 
jection to  such  assessment  that  the  property  may  have  changed 
hands,  or  been  encumbered,  subsequent  to  the  date  of  the  original 
assessment,  it  being  the  true  intent  and  meaning  of  this  section  to 
make  the  cost  and  expense  of  all  public  improvements,  to  be  paid 
for  by  a  special  assessment,  a  charge  upon  the  property  assessed 
therefor,  for  the  full  period  of  five  years,  from  the  confirmation  of 
the  original  assessment,  and  for  such  longer  period  as  may  be  re- 
quired to  collect,  in  due  course  of  law,  any  new  assessment  ordered 
within  that  period. 

§  49.  All  persons  taking  any  contracts  with  the  city  or  vil- 
lage, and  who  agree  to  be  paid  from  special  assessments,  shall 
have  no  claim  or  lien  upon  the  city  or  village  in  any  event,  ex- 
cept from  the  collection's  of  the  special  assessments  made  for  the 
work  contracted  for. 

§  50.  All  contracts  for  the  making  of  any  public  improve- 
ment, to  be  paid  for  in  whole  or  in  part  by  a  special  assessment, 
and  any  work  or  other  public  improvement,  when  the  expense 
thereof  shall  exceed  $500,  shall  be  let  to  the  lowest  responsible 
bidder,  in  the  manner  to  be  prescribed  by  ordinance — such  con- 
tracts to  be  approved  by  the  mayor  or  president  of  the  board  of 
trustees :  Provided,  hovjever,  any  such  contract  may  be  entered  in- 
to by  the  proper  officer  without  advertising  for  bids,  and  without 
such  approval,  by  a  vote  of  two-thirds  of  all  the  aldermen  or  trus- 
tees elected. 

§  51.  All  special  assessments  levied  by  any  city  or  village  un- 
der this  act,  shall,  from  the  date  of  assessment,  be  a  lien  upon  the 
real  estate  upon  which  the  same  may  be  imposed,  and  such  lien 
shall  continue  until  oiich  special  assessments  are  paid.  And  the 
same  proceedings  may  be  resorted  to  by  the  collector,  upon  any 
warrant  or  order  issued  or  made  for  the  collection  of  special  as- 
sessments, as  in  the  case  of  the  collection  of  state  and  county  taxes 
under  the  general  laws  of  the  state. 

§  52.  At  any  time  after  the  same  becomes  due,  it  shall  and 
may  be  lawful  for  any  collector  thereof  to  commence  suit  in  any 
court  of  record,  in  the  corporate  name  of  such  city  or  village, 
against  any  person  or  persons,  for  the  total  amount  of  special  as- 
sessments which  such  person  or  persons  are  liable  for  the  payment 
of.  Such  suit  shall  be  commenced  by  petition,  and  shall  state  the 
several  amounts  of  the  special  assessments  sought  to  be  recovered 
and  give  a  general  description  of  the  warrant  or  warrants  issued 
for  the  collection  thereof.  Upon  the  filing  of  the  petition  a  sum- 
mons shall  be  issued,  served  and  returned  as  in  other  suits  in  such 


CITIES  AND  VILLAGES* 


47 


court.  Upon  the  return  of  such  summons,  duly  served,  the  court 
shall  forthwith  proceed  to  the  hearing  of  said  petition  without 
formal  pleadings,  and  may  render  judgment  for  all  or  any  part  of 
the  special  assessments,  as  the  right  and  justice  of  the  case  may 
require.  The  original,  or  a  certified  copy  (by  the  clerk,  under  the 
corporate  seal,)  of  such  warrant  or  warrants  and  list  or  lists,  or  so 
much  thereof  as  refers  to  the  special  assessments  sought  to  be  re- 
covered, shall  he  prima  facie  evidence  of  the  right  of  said  collector 
to  a  judgment  in  favor  of  such  corporation.  Execution  shall  issue 
on  such  judgment  as  in  other  cases,  .but  such  execution  may  be 
first  levied  upon  and  collected  from  any  personal  property  of  the 
defendant;  or  the  court,  in  which  such  proceedings  were  had,  may, 
upon  complaint  of  the  city  or  village,  issue  a  scire  facias  against 
the  person  or  persons  liable  for  such  payment,  to  show  cause  why 
execution  should  not  issue  against  him  or  them  for  the  amount  of 
such  assessment;  and  if)  upon  the  return  of  such  scire  facias,  good- 
cause  is  not  shown  why  execution  should  not  issue,  the  court  may 
award  execution  against  such  person  or  persons  in  the  usual  form 
of  execution  upon  judgments  at  law. 

§  53.  Whenever  any  city  or  village  shall  apply  to  any  court 
for  the  purpose  of  making  just  compensation  for  property  taken 
or  damaged  by  such  proceedings  as  are  authorized  by  this  act, 
such  city  or  village  may  file  in  the  same  proceeding  a  supplemen- 
tal petition,  praying  the  court  to  cause  that  an  assessment  be  made 
for  the  purpose  of  raising  the  amount  necessary  to  pay  the  com- 
pensation and  damages  which  may  be  or  shall  have  been  awarded 
for  the  property  taken  or  damaged,  with  the  costs  of  the  proceed- 
ing. The  said  court  shall  have  power,  at  any  time  after  any  such 
supplemental  petition  shall  have  been  filed,  to  appoint  three  com- 
missioners to  make  such  assessment,  and  to  ascertain,  as  near  as 
may  be,  the  costs  incurred  to  the  time  of  such  appointment,  and 
the  probable  further  costs  of  the  proceedings,  including  therein 
the  estimated  costs  of  making  and  collecting  such  assessment,  and 
shall  direct  such  costs  to  be  included  by  such  commissioners  in 
making  said  assessment.  Like  proceedings  in  making  said 
assessment  shall  be  had,  and  the  assessment  shall  be  made,  col- 
lected and  enforced  in  the  same  manner,  as  near  as  may  be,  as  is 
provided  in  this  article  in  other  cases.  [As  amended  by  act 
approved  and  in  force  March  30,  1874. 

§  54.  Any  city  or  incorporated  town  or  village  may,  if  it 
shall  so  determine  by  ordinance,  adopt  the  provisions  of  this  arti- 
cle without  adopting  the  whole  of  this  act;  and  where  it  shall 
have  so  adopted  this  article,  it  shall  have  the  right  to  take  all  pro- 
ceedings in  this  article  provided  for,  and  have  the  benefit  of  all 
the  provisions  hereof.^ 


48 


CITIES  AND  VILLAGES. 


AETICLE  X. 

(MISCELLANEOUS  provisions)— water. 

Section.  Section. 

1.  Water — borrow  money.  6.    Inhabitants  competent  as  jurors, 

2.  Acquiring    property    for    water  etc. 

works — jurisdiction  over.  7.    Population — census. 

3.  Regulations — rates — taxation,  etc.    8.    Municipal  year. 

4.  Tax-payer  may  enforce  rights  in    9.    City  or  village  need  not  give  ap- 

name  of  city,  etc.  peal  bond. 

5.  Maps — approval  of. 

§  1.  The  city  council  or  board  of  trustees  shall  have  the  power 
to  provide  for  a  supply  of  water  by  the  boring  and  sinking  of  arte- 
sian wells,  or  by  the  construction  and  regulation  of  wells,  pumps,  cis- 
terns, reservoirs  or  water  works,  and  to  borrow  money  therefor,  and 
to  authorize  any  person  or  private  corporation  to  construct  and 
maintain  the  same  at  such  rates  as  may  be  fixed  by  ordinance,  and  for 
a  period  not  exceeding  thirty  years)  also  to  prevent  the  unneces- 
sary waste  of  water)  to  prevent  the  pollution  of  the  water,  and 
injuries  to  such  wells,  pumps,  cisterns,  reservoirs,  or  waterworks. 

§  2.  For  the  purpose  of  establishing  or  supplying  water 
works,  any  city  or  village  may  go  beyond  its  territorial  limits, 
and  may  take,  hold  and  acquire  property  by  purchase  or  other- 
wise; shall  have  power  to  take  and  condemn  all  necessary  lands 
or  property  therefor,  in  the  manner  provided  for  the  taking  or 
injuring  private  property  for  public  uses  j  and  the  jurisdiction  of 
the  city  or  village  to  prevent  or  punish  any  pollution  or  injury  to 
the  stream  or  source  of  water,  or  to  such  water  works,  shall  extend 
five  miles  beyond  its  corporate  limits,  or  so  far  as  such  water 
works  may  extend. 

§  3.  The  city  council  or  board  of  trustees  shall  have  power 
to  make  all  needful  rules  and  regulations  concerning  the  use  of 
water  supplied  by  the  water  works  of  said  city  or  village,  and  to 
do  all  acts  and  make  such  rules  and  regulations  for  the  construc- 
tion, completion,  management  or  control  of  the  water  works,  and  for 
the  levying  and  collecting  of  any  water  taxes,  rates  or  assessments, 
as  the  said  city  council  or  board  of  trustees  may  deem  necessary  and 
expedient)  and  such  water  taxes,  rents,  rates  or  assessments  may 
be  levied  or  assessed  upon  any  lot  or  parcel  of  ground,  having  a 
building  or  buildings  thereon,  which  shall  abut  or  join  any  street, 
avenue  or  alley  in  such  city  or  village  through  which  the  distri- 
buting pipes  of  such  waterworks  (if  any)  of  said  city  or  village  are 
or  may  be  laid,  which  can  be  conveniently  supplied  with  water 
from  said  pipes:  Provided,  [whether]  the  water  shall  be  used  on 
such  lot  or  parcel  of  ground  or  not)  and  the  same,  when  so  levied 
or  assessed,  shall  become  a  continuing  lien  or  charge  upon  such 
lot  or  parcel  of  ground,  building  or  buildings,  situated  thereon, 


CITIES  AND  VILLAGES. 


41) 


and  such  lien  or  charge  may  be  collected  or  enforced  in  such 
manner  as  the  city  council  may,  by  ordinance  prescribe.  And  the 
corporate  authorities  may  levy  a  general  tax  for  the  construction 
and  maintenance  of  such  water  works,  and  appropriate  money 
therefor. 

§  4.  A  suit  may  be  brought  by  any  tax-payer,  in  the  name 
and  for  the  benefit  of  the  city  or  village,  against  any  person  or  cor- 
poration, to  recover  any  money  or  property  belonging  to  the  city 
or  village,  or  for  any  money  which  may  have  been  paid,  expended, 
or  released  without  authority  of  law :  Provided,  that  such  tax- 
payer shall  file  a  bond  for  all  costs,  and  be  liable  for  all  costs  in 
case  the  city  or  village  be  cast  in  the  suit,  and  judgment  shall  be 
rendered  accordingly. 

§  5.  The  city  council  or  board  of  trustees  shall  have  power 
to  provide,  by  ordinance,  that  any  map,  plat  or  subdivision  of  any 
block,  lot,  sub-lot,  or  part  thereof,  or  of  any  piece  or  parcel  of 
land,  shall  be  submitted  to  the  city  council  or  board  of  trustees,  or 
to  some  officer  to  be  designated  by  such  council  or  board  of  trus- 
tees, for  their  or  his  approval ;  and  in  such  cases  no  such  map, 
plat  or  subdivision  shall  be  entitled  to  record  in  the  proper  county, 
or  have  any  validity  until  it  shall  have  been  so  approved. 

§  6.  No  person  shall  be  an  incompetent  judge,  justice  or  juror, 
by  reason  of  his  being  an  inhabitant  or  freeholder  in  said  city  or 
village,  in  any  action  or  proceeding  in  which  said  city  or  village 
may  be  a  party  in  interest. 

§  7.  Whenever  in  this  act  any  provision  thereof  is  based  up- 
on the  number  of  inhabitants,  [the  number  of  inhabitants]  of  the 
city  or  village  shall  be  determined  by  reference  to  the  latest  cen- 
sus taken  by  authority  of  the  United  States  or  this  state,  or  of  such 
city  or  village ;  and  it  shall  be  the  duty  of  the  secretary  of  state, 
upon  the  publication  of  any  state  or  United  States  census,  to  cer- 
tify to  each  city  or  village  the  number  of  inhabitants,  as  shown  by 
such  census.  Any  city  or  village  may,  by  ordinance,  provide  for 
the  taking  of  a  census  of  the  population  thereof,  in  order  to  deter- 
mine the  number  of  such  population  for  any  and  all  purposes  of 
this  act.  And  the  several  courts  in  this  state  shall  take  judicial 
notice  of  the  population  of  any  city  or  village,  as  the  same  may 
appear  from  the  latest  federal,  state,  city  or  village  census  so 
taken. 

§  8.  The  term  "municipal  year"  shall  be  construed  to  mean 
the  period  elapsing  between  the  regular  annual  election,  unless 
otherwise  provided  by  ordinance. 

§  9.  When  in  any  suit  the  city  or  village  prays  an  appeal 
from  the  judgment  of  any  court  of  this  state  to  a  higher  court,  it 
shall  not  be  required  to  furnish  an  appeal  bond. 


(13) 


50 


CITIES  AND  VILLAGES. 


CITIES  AND  TILLAGES. 

An  Act  to  amend  section  ten  (10),  of  article  five  (5),  of  "An  act 
to  provide  for  the  incorporation  of  cities  and  villages,"  approved 
April  10,  1872. 

Section. 

1.    Amend  section  10  article  5,  general  act — Jurisdiction  over  waters — Street 
labor.    In  force  July  1,  1875. 

§  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  section  10,  of«article  5,  of  said  act,  be 
amended  so  as  to  read  as  follows,  viz : 

"§  10.  The  city  or  village  government  shall  have  jurisdic- 
tion upon  all  waters  within  or  bordering  on  the  same,  to  the  extent 
of  three  miles  beyond  the  limits  of  the  city  or  village,  but  not  to 
exceed  the  limits  of  the  state )  and  may,  by  ordinance,  require  every 
able  bodied  male  inhabitant  of  such  city  or  villrge,  above  the  age 
of  twenty-one  years  and  under  the  age  of  fifty  years,  (excepting 
paupers,  idiots,  lunatics,  and  such  others  as  are  exempt  by  law,) 
to  labor  on  the  streets  and  alleys  of  such  city  or  village,  not  more 
than  three  days  in  each  year,  but  such  ordinance  shall  provide  for 
commutation  of  such  labor  at  not  more  than  one  dollar  and  fifty 
cents  per  day." 

Approved  April  10,  1875. 


SIDEWALKS. 

An  Act  to  provide  additional  means  for  the  construction  of 
sidewalks  in  cities,  towns  and  villages.    In  force  July  1,  1875. 

Section.  Section. 

1.  Sidewalks  by  taxation.  5.    General  officer  to  obtain  judgment 

2.  What  ordinance  may  provide.  — by  what  law  governed. 

8.    In  case  of  default  to  construct  side-    6.    When  constructed  by  owner,  may 

walk.  obtain  order. 

4.    Special  tax — duty  of  clerk — report. 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly,  That  in  addition  to  the  mode 
now  authorized  by  law,  any  city  or  incorporated  town  or  village 
may  by  ordinance  provide  for  the  construction  of  sidewalks  there- 
in, or  along  or  upon  any  street  or  part  of  street  therein,  and  may, 


CITIES  AND  VILLAGES. 


51 


by  such  ordinance,  provide  for  the  payment  of  the  whole  or  any 
part  of  the  cost  thereof  by  special  taxation  of  the  lot,  lots  or  par- 
cels of  land  touching  upon  the  line  where  any  such  sidewalk  is 
ordered,  and  such  special  taxation  may  be  either  by  a  levy  on  any 
lot  of  the  whole,  or  any  part  of  the  cost  of  making  any  such  side- 
walk in  front  of  such  lot  or  parcel  of  land,  or  by  levying  the  whole 
or  any  part  of  the  cost  upon  each  of  the  lots  or  parcels  of  land 
touching  upon  the  line  of  such  sidewalk,  pro  rata,  upon  each  of 
•said  lots  or  parcels,  according  to  their  respective  values — the 
values  to  be  determined  by  the  last  preceding  assessment  thereof 
for  the  purpose  of  state  and  county  taxation  j  or  the  whole  or  any 
part  of  the  cost  thereof  may  be  levied  upon  such  lots  or  parcels  of 
land  in  proportion  to  their  frontage  upon  such  sidewalks,  or  in 
proportion  to  their  superficial  area,  as  may  be  provided  by  the  or- 
dinance ordering  the  laying  down  of  such  sidewalk ;  and  in  case 
such  ordinance  shall  only  require  the  payment  of  a  part  of  the  cost 
of  such  sidewalk  to  be  paid  by  special  tax  as  aforesaid,  then  the 
residue  of  such  cost  shall  be  paid  out  of  any  fund  of  such  city, 
town  or  village  raised  by  general  taxation  upon  the  property 
thereof,  and  not  otherwise  appropriated. 

§  2.  Said  ordinance  shall  define  the  location  of  such  proposed 
sidewalk  with  reasonable  certainty,  shall  prescribe  its  width,  the 
materials  of  which  it  shall  be  constructed,  and  the  manner  of  its 
construction,  and  may  provide  that  the  materials  and  construction 
shall  be  under  the  supervision  of,  and  subject  to  the  approval  of 
some  officer  or  board  of  officers  of  such  city,  town  or  village,  to  be 
designated  in  said  ordinance.  Said  ordinance  shall  be  published 
as  required  by  law  for  other  ordinances  of  said  city,  town  or  vil- 
lage, and  may  require  all  owners  of  lots  or  parcels  of  land  touch- 
ing the  line  of  said  proposed  sidewalk,  to  construct  a  sidewalk  in 
front  of  their  respective  lots  or  parcels  in  accordance  with  the 
specifications  of  said  ordinance,  within  thirty  days  after  such  publi- 
cation, and  in  default  thereof,  said  materials  to  be  furnished  and 
sidewalk  to  be  constructed  by  said  city,  town  or  village,  and  the 
cost,  or  such  part  thereof  as  may  be  fixed  in  said  ordinance,  may 
be  collected  from  the  respective  owners  of  said  lots  or  parcels  of 
land  as  hereinafter  provided. 

§  3.  In  case  of  the  default  of  any  lot  owner  or  owners  to  con- 
struct the  sidewalks,  as  required  by  ordinance,  and  the  same  shall 
be  constructed  by  the  city,  town  or  village,  the  cost  thereof,  or 
such  part  of  the  cost  thereof  as  may  have  been  fixed  by  said  ordi- 
nance, may  be  recovered  of  the  owners  so  in  default,  by  an  action 
of  debt  in  the  name  of  the  city,  town  or  village,  against  such 
owners  respectively,  in  any  court  of  competent  jurisdiction,  or  up- 
on the  completion  of  t^ie  work  by  such  city,  town  or  village.  Such 
ordinance  may  provide  that  a  bill  of  the  cost  of  such  sidewalk, 
showing  in  separate  items  the  cost  of  grading,  materials,  laying 
down  and  supervision,  shall  be  filed  in  the  office  of  the  clerk  of 


52 


CITIES  AND  VILLAGES. 


such  city,  town  or  village,  certified  to  by  the  officer  or  board  des- 
ignated by  said  ordinance  to  take  charge  of  the  construction  of 
such  sidewalk,  together  with  a  list  of  the  lots  or  parcels  of  land 
touching  upon  the  line  of  said  sidewalk,  the  names  of  the  owners 
thereof,  and  the  frontage,  superficial  area,  or  assessed  value  as 
aforesaid,  according  as  said  ordinance  may  provide  for  the  levy  of 
said  cost  by  frontage,  superficial  area  or  assessed  value  ;  where- 
upon said  clerk  shall  proceed  to  prepare  a  special  tax  list  against 
said  lots  or  parcels,  and  the  owners  thereof,  ascertaining  by  com- 
putation the  amount  of  special  tax  to  be  charged  against  each  of 
said  lots  or  parcels  and  the  owners  thereof,  on  account  of  the  con- 
struction of  said  sidewalk,  according  to  the  rule  fixed  for  the  levy 
of  such  special  tax  by  said  ordinance,  which  special  tax  list  shall 
be  filed  in  the  office  of  said  clerk ;  and  said  clerk  shall  thereupon 
issue  warrants  directed  to  such  officer  as  may  be  designated  in  such 
ordinance,  for  the  collection  of  the  amount  ol  special  tax  so  ascer- 
tained and  appearing  from  said  special  tax  list  to  be  due  from  the 
respective  owners  of  the  lots  or  parcels  of  land  touching  upon  the 
line  of  said  sidewalk;  and  such  officer  shall  proceed  to  collect  such 
warrants  in  the  same  manner  as  constables  are  authorized  to  col- 
lect executions,  and  make  return  thereof,  together  with  the  moneys 
collected,  to  the  clerk  of  such  city,  town  or  village,  within  sixty 
days  from  the  date  of  their  issue;  and  in  case  any  such  warrant 
shall  be  returned,  as  to  the  whole  or  any  part  thereof,  "  no  prop- 
erty found,"  other  warrants  may  issue,  and  proceedings  by  gar- 
nishment may  be  resorted  to  as  in  cases  of  garnishment  in  aid  of 
collection  of  judgments  at  law,  and  all  moneys  so  collected  and 
paid  over  to  said  clerk,  shall  be,  by  him,  immediately  paid  over  to 
the  treasurer  of  said  city,  town  or  village. 

§  4.  Upon  the  failure  to  collect  such  special  tax  as  hereto- 
fore provided  in  this  act,  it  shall  be  the  duty  of  said  clerk,  within 
such  time  as  said  ordinance  may  provide,  to  make  report  of  all 
such  special  tax,  in  writing,  to  such  general  officer  of  the  county 
as  may  be  authorized  by  law  to  apply  for  judgment  against,  and 
sell  lands  for  taxes  due  the  county  or  state,  of  all  the  lots  or  par- 
cels of  land  upon  which  such  special  tax  sh&ll  be  so  unpaid,  with 
the  names  of  the  respective  owners  thereof,  so  far  as  the  same  are 
known  to  said  clerk,  and  the  amount  due  and  unpaid  upon  each 
tract,  together  with  a  copy  of  the  ordinance  ordering  the  construc- 
tion of  said  sidewalk,  which  report  shall  be  accompanied  by  the 
oath  of  the  clerk  that  the  list  is  a  correct  return  of  the  lots  and 
parcels  of  land  on  which  the  special  tax  levied  by  authority  of  said 
city,  town  or  village,  for  the  cost  or  partial  cost  (as  the  case  may 
be)  of  the  sidewalk  in  said  ordinance  specified,  remains  due  and 
unpaid,  and  that  the  amounts  therein  stated  as  due  and  unpaid 
have  not  been  collected,  nor  any  part  thereof.  Said  reports  when 
so  made,  shall  be  prima  facie  evidence  that  all  the  forms  and  re- 
quirements of  the  law  in  relation  to  making  such  return  have  been 


CITIES  AND  VILLAGES. 


53 


complied  with,  and  that  the  special  tax  as  mentioned  in  said  re- 
port, is  due  and  unpaid. 

§  5.  When  said  general  officer  shall  receive  the  aforesaid 
report,  he  shall  at  once  proceed  to  obtain  judgment  against  said 
lots  or  parcels  of  land  for  said  special  tax  remaining  due  and  un- 
paid, in  the  same  manner  as  may  be  provided  by  law  for  obtaining 
judgment  against  lands  for  taxes  due  and  unpaid  the  county  and 
state,  and  shall  in  the  same  manner  proceed  to  sell  the  same  for 
the  said  special  tax  due  and  unpaid.  In  obtaining  said  judgment 
and  making  said  sale,  the  said  officer  shall  be  governed  by  the 
general  revenue  laws  of  the  state,  except  when  otherwise  provided 
herein,  and  said  general  laws  shall  also  be  applicable  to  the  exe- 
cution of  certificates  of  sale,  and  deeds  thereon,  and  the  force  and 
effect  of  such  sales  and  deeds ;  and  all  other  laws  in  relation  to 
the  enforcement  and  collection  of  taxes,  and  redemption  from  tax 
sales,  shall  be  applicable  to  proceedings  to  collect  such  special  tax, 
except  as  herein  otherwise  provided. 

§  6.  Whenever  payment  of  the  costs  of  any  such  sidewalk 
is  required  to  be  made  in  part  by  special  tax,  and  in  part  out  of 
the  general  fund  of  such  city,  town  or  village,  and  the  owner  of 
any  such  lot  or  parcel  of  land  shall  construct  such  sidewalk  in 
accordance  with  the  ordinance  providing  for  its  construction,  such 
owner  shall  file  with  the  clerk  of  such  city,  town  or  village,  an 
itemized  statement  of  the  cost  of  such  sidewalk  so  constructed  by 
him,  verified  by  affidavit,  together  with  a  certificate  of  the  officer 
or  board  directed  by  such  ordinance  to  superintend  the  construc- 
tion thereof,  that  such  sidewalk  has  been  constructed  and  fully 
completed  by  such  owner  in  accordance  with  such  ordinance,  and 
the  council  Of  such  city,  town  or  village  shall  thereupon,  at  its 
first  meeting  thereafter,  allow  and  order  to  be  issued  to  such 
owner  an  order  on  the  treasurer  of  such  city,  town  or  village,  for 
the  cost  of  the  construction  of  such  sidewalk,  less  the  amount  of 
special  tax  chargeable  to  the  lot  or  parcel  of  land  of  such  owner 
on  the  line  of  which  such  sidewalk  has  been  so  constructed.  [Ap- 
proved April  15,  1875. 


\ 


(14) 


CITIES  AND  VILLAGES, 


FEEftlES  AND  BBIDGES, 

AN  ACT  to  enable  the  corporate  authorities  now  or  hereafter  incorporated 
under  an  act  entitled  "  An  act  to  provide  for  the  incorporation  of  cities  and 
villages,"  in  force  July  1st,  1872,  to  acquire  by  purchase,  lease  or  gift,  estab-' 
lish,  maintain,  license  and  regulate  ferries,  bridges,  the  approaches  thereto  and 
tolls  thereon.    [Approved  Match  27,  1874.    In  force  July  1,  1874. 

Section. 

1.    License  and  regulate* 

§  1,  JBe  it  enacted  by  the  people  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  it  shall  be  lawful  for  the  corporate 
authorities  of  any  city  or  village  now  or  hereafter  incorporated 
under  an  act  entitled  "An  act  to  provide  for  the  incorporation  of 
cities  and  villages/7  in  force  July  1st,  1872,  to  acquire  by  purchase, 
lease  or  gift,  and  maintain,  license  and  regulate  ferries  and  bridges 
so  acquired,  and  the  approaches  thereto,  not  to  exceed  four  acres 
of  land  for  each  ferry  or  bridge,  within  the  corporate  limits,  or 
Within  five  miles  of  the  corporate  limits  thereof,  and  from  time  to 
time  fix  the  tolls  thereon. 


AN^EXlJTG  AM)  EXCLUDING  TEHKITOM, 

AN  ACT  to  provide  for  annexing  and  excluding  territory  to  and  from  cities,  towns' 
and  villages,  and  to  uuite  cities,  towns  and  villages.  [Approved  April  19, 1872, 
In  force  July  1,  1872. 

Section.  Section. 

1.  Petition  to  be  annexed-^-annexing.    6.    Finding— costs,  etc. 

2.  Annexing  one  corporation  to  an-    7.    Proceedings  by  owners  to  be  an-» 

other.  nexed. 

3.  Proceeding  by  corporation  to  an-    8.    Proceedings  to  disconnect. 

nex  territory.  9.    I&Iap  and  ordinance  recorded. 

4.  Notice  of  proceedings.  10.    School  districts  may  use  this  act. 

5.  Objections  to  annexations-trial.      11.    Judicial  notice  of  change. 

§  1  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre-> 
sented  in  the  General  Assembly,  That  on  petition,  in  writing,  signed 
by  not  less  than  three-fourths  of  the  legal  voters,  and  by  the  own- 
ers of  not  less  than  three-fourths  (in  value)  of  the  property  in  any 
territory  contiguous  to  any  city  or  incorporated  village  or  town, 
and  not  embraced  within  its  limits,  the  city  council  or  board  of 
trustees  of  said  city,  village  or  town  (as  the  case  may  be)  may,  by 


CtTtES  AND  VILLAGES. 


55 


ordinance)  annex  such  territory  to  such  city,  village  or  town,  upon 
filing  a  copy  of  such  ordinance,  with  an  accurate  map  of  the  terri* 
tory  annexed  (duly  certified  by  the  mayor  of  the  city  or  president 
of  theboard  of  trustees  of  the  village  or  town),  in  the  office  of  the 
recorder  of  deeds  in  the  county  where  the  annexed  territory  is 
situated,  and  having  the  same  recorded  therein  :  Provided,  that 
no  portion,  less  than  the  whole  of  an  incorporated  city,  town  or 
village,  shall  be  annexed  to  another  incorporated  city,  town  or 
village,  except  in  the  mode  provided  in  this  act  for  the  annexation 
of  the  whole  of  an  incorporated  city,  town  or  village,  to  another 
city,  town  or  village. 

§  2.  Any  incorporated  city,  village  or  town  may  be  annexed 
to  another  incorporated  city,  village  or  town,  by  ordinance  passed 
by  a  two-thirds  vote  of  all  the  aldermen  or  trustees  elect  of  each 
corporation  desiring  annexation  :  Provided-,  such  annexation  shall 
not  affect  or  impair  any  rights  or  liabilities  either  in  favor  of  or 
against  such  corporations ;  and  suits  founded  upon  such  rights  and 
liabilities  may  be  commenced,  and  pending  suits  may  be  prosecu- 
ted and  carried  to  final  judgments  and  execution,  the  same  as  if 
such  annexation  had  not  taken  place.  In  making  such  annexa- 
tion, the  corporations  so  uniting  may,  by  ordinance,  fix  the  terms 
of  the  annexation,  which  shall  have  the  force  and  effect  of  a  bind- 
ing contract :  Provided^  however,  that  no  such  ordinance  shall  be 
of  any  binding  force  or  effect  until  submitted  to  a  vote  of  the  legal 
voters  of  such  city,  town  or  village,  at  a  general  election  thereof, 
and  adopted  by  a  majority  of  all  the  voters  voting  thereon  at 
such  election,  notice  of  which  shall  be  given  at  the  same  time  and 
in  the  same  manner  as  required  for  the  election  of  the  officers  of 
such  city,  town  or  village.  And,  provided,  also^  that  the  vote 
shall  be  by  ballot,  which  shall  be  "  for  union  ordinance,"  or 
"  against  union  ordinance/'  and  shall  be  received,  canvassed  and 
returned  the  same  as  ballots  for  municipal  officers  of  such  city) 
town  or  village. 

§  3.  When  any  incorporated  city,  village  or  town  shall 
desire  to  annex  any  contiguous  territory  thereto,  and  the  same 
shall  not  have  been  petitioned  for  as  provided  in  section  one  of 
this  article,  it  shall  be  lawful  for  the  city  council  or  board  of  trus- 
tees of  such  city,  village  or  town,  by  a  two-thirds  vote  of  all  the 
aldermen  or  trustees  elect,  by  ordinance  or  resolution,  to  author* 
ize  the  mayor  of  such  city  or  the  president  of  the  board  of  trustees 
of  such  village  or  town,  to  petition  the  circuit  court  of  the  county 
in  which  the  territory  desired  to  be  annexed  or  a  major  part 
thereof  is  situated,  praying  such  annexation  to  be  made.  The 
petition  shall  contain  a  copy  of  such  ordinance  or  resolution,  and 
an  accurate  map  of  the  territory  which  it  is  desired  to  annex, 
showing  all  such  subdivisions  that  shall  have  been  made  therein. 
Such  petition  shall  be  filed  with  the  clerk  of  the  court  at  least  ten 
days  before  the  first  day  of  the  term  at  which  it  is  proposed  to  be 


56 


CITIES  AND  VILLAGES. 


heard :  Provided,  that  nothing  in  this  section  contained  shall 
authorize  said  petition  to  be  filed  unless  the  territory  so  sought  to 
be  annexed  (except  territory  intervening  between  a  city  and  town, 
or  two  more  cities  or  towns,  desiring  to  become  united  under  this 
act,)  shall  contain  an  actual  resident  population  of  at  least  one 
hundred  and  fifty  inhabitants  to  each  section  or  fractional  part  of 
a  section  so  sought  to  be  annexed — which  said  fact  shall  be  alleged 
in  said  petition  and  proved  on  the  hearing  thereof,  the  same  as 
any  other  allegation  in  said  petition. 

§  4.  When  it  shall  be  determined  to  present  such  petition, 
the  mayor  or  president  of  the  board  of  trustees  (as  the  case  may 
be)  shall  cause  notice  of  the  time  and  place  where  and  when  the 
petition  will  be  or  has  been  filed,  and  at  what  term  of  court  the  hear- 
ing thereof  will  be  had,  and  setting  forth  the  boundaries  or  a  gen- 
eral description  of  the  territory  proposed  to  be  annexed — to  be 
given  by  publication  at  least  once  in  each  week,  for  two  successive 
weeks,  in  some  newspaper  published  in  the  county  where  the  pe- 
tition is  filed  or  to  be  filed  (or,  if  no  newspaper  is  published  in 
such  county,  then  in  the  nearest  newspaper  published  in  this  state,) 
and  by  posting  up  notices  at  least  fourteen  days  before  such  time 
of  hearing,  in  at  least  three  of  the  most  public  places  in  the  terri- 
tory proposed  to  be  annexed,  and  a  like  number  in  the  city,  vil- 
lage or  town  to  which  it  is  desired  to  annex  such  territory. 

§  5.  The  legal  voters  resident  upon  the  territory  thus  pro- 
posed to  be  annexed,  or  any  of  them,  or  any  owner  of  land  there- 
in, or  any  voter  of  such  city,  village  or  town,  may  appear  at  such 
hearing  and  show  cause  why  such  annexation  should  not  be  made; 
and  the  court,  or  a  jury  impaneled  for  that  purpose  (no  member 
of  the  jury  so  impaneled  shall  be  a  resident  of  the  corporation  or 
territory  to  be  annexed,  nor  of  the  town  or  towns  in  which  said 
corporation  or  territory  may  be  situated,)  shall  hear  all  competent 
evidence  that  may  be  offered  by  either  party;  and  the  court  may 
continue  the  hearing  from  time  to  time,  for  any  cause,  and  make 
all  proper  orders  in  regard  to  the  hearing,  giving  of  notices  and 
other  disposition  of  the  case. 

§  6.  If,  upon  the  hearing,  the  court  or  the  jury  shall  find 
that  such  territory  ought  to  be  annexed  to  such  city,  village  or 
town,  and  can  so  be  done  without  injustice  to  the  inhabitants  or 
persons  interested,  the  court  shall  so  order.  If  the  court  or  jury 
shall  find  against  the  petitioners,  the  petition  shall  be  dismissed  at 
the  cost  of  the  petitioners ;  and  no  subsequent  petition  shall  be 
presented  for  the  annexation  of  any  of  the  territory  embraced  in 
such  petition,  within  one  year  from  the  time  of  entering  such 
order:  Provided,  that  new  trials  may  be  granted  as  in  other  jury 
cases. 

§  7.  When  not  less  than  a  majority  in  number  of  the  legal 
voters  or  the  owner  or  owners  of  any  tract  or  tracts  of  land,  con- 
tiguous to  any  incorporated  city,  village  or  town,  shall,  by  peti- 


CITIES  AND  VILLAGES. 


57 


 ;  

tion,  in  writing,  signed  by  them,  and  filed  in  the  circuit  court  of 
the  county  where  such  territory  or  a  major  part  thereof  is  situ- 
ated, pray  to  be  annexed  to  such  city,  village  or  town,  the  like  pro- 
ceedings may  be  had  thereon,  and  with  the  like  effect,  as  in  case 
of  a  petition  by  a  city,  village  or  town :  Provided,  a  copy  of  the 
notice  required  to  be  given  shall  be  left  with  the  mayor  of  such 
city,  or  president  of  such  village  or  town,  at  least  ten  days  before 
such  petition  is  heard. 

§  8.  "Whenever  a  majority  of  the  legal  voters  of  any  territory 
within  any  city,  town  or  village,  and  being  upon  the  border  and 
within  the  boundary  thereof,  shall  petition  the  circuit  court  of  the 
county  in  which  such  city,  town  or  village  is  situated,  praying  to 
be  disconnected  therefrom,  such  petition  shall  be  filed  with  the 
Clerk  of  the  court  at  least  ten  days  before  the  first  day  of  the  term 
at  which  it  is  proposed  to  be  heard,  and  like  proceedings  shall  be 
had  as  is  required  by  section  four,  five  and  six  of  the  act  for  the 
annexation  of  territory  to  such  city,  town  or  village  :  Provided, 
that  the  provisions  of  this  section  shall  only  apply  to  lands  not 
laid  out  into  city  or  town  lots  or  blocks. 

§  9.  When  any  territory  is  annexed  to  any  city,  village  or 
town,  as  provided  in  this  act,  it  shall  be  the  duty  of  the  mayor  of 
the  city,  or  the  president  of  the  board  of  trustees  of  the  village  or 
town,  (as  the  case  may  be,)  to  cause  an  accurate  map  of  such  added 
territory,  together  with  the  ordinance  for  the  annexation,  certi- 
fied by  such  mayor,  and  if  a  decree  or  order  of  the  court  has  been 
made  therefor,  a  copy  of  the  same,  to  be  filed  for  record  and  re- 
corded in  the  recorder's  office  for  the  county  in  which  such  added 
territory  is  situated.  If  territory  is  disconnected  or  excluded 
from  any  city,  village  or  town,  a  copy  of  the  ordinance  or  decree 
therefor  shall  be  so  filed  for  record  and  recorded. 

§  10.  All  school  districts,  and  other  corporations  incorpo- 
rated for  school  purposes,  under  special  acts  of  the  legislature, 
desiring  to  annex  or  disannex  territory,  m&y  proceed  under  the 
provisions  of  this  act. 

§  11.  All  courts  in  this  state  shall  take  judicial  notice  of 
cities,  towns  and  villages,  and  of  the  changes  of  their  territory, 
made  under  the  provisions  of  this  act. 


(15) 


CltlUS  AND  VlLLA(j£3, 


CHANGING  NAME, 


An  Act  to  enable  any  city,  town  or  village  in  this  state  to  change  its  name. 
Approved  March  7,  1872.    In  force  July  1,  1872. 

Section,  Section. 

1.  Petition.  6.  Order  filed  with  secretary  of  state" 

2.  Proceedings.  t  — notice. 

3.  Duty  of  secretary  of  state.  ?.  Rights  saved. 

4.  Time  of  hearing  to  be  fixed— notice.  8.  When  change  void. 

5.  Hearingpetition  and  remonstrances.  9.  Name  of  Unincorporated  town,  etc; 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre* 
sented  in  the  General  Assembly,  That  whenever  a  petition,  signed 
by  the  qualified  electors  of  any  city,  incorporated  town  or  incor- 
porated village  of  this  state,  equal  in  number  to  one-half  of  those 
who  voted  for  the  officers  therein  at  the  last  election,  shall  be 
presented  to  the  corporate  authorities  of  such  city,  town  or  vil- 
lage, praying  that  the  name  of  such  city,  town  or  village  may  be 
changed,  it  shall  be  lawful  for  such  corporate  authorities  to  make 
such  change  in  the  manner  hereinafter  prescribed. 

§  2.  Previous  to  the  presentation  of  the  petition  in  the  prej 
ceeding  section  mentioned,  the  name  proposed  to  be  given  to  such 
city,  town  or  Village  shall  be  filed  in  the  office  of  the  secretary  of 
state,  to  be  there  retained  for  the  period  of  at  least  sixty  days,  and 
upon  application,  the  secretary  of  state  shall,  at  any  time  alter  the 
filing  of  such  name,  grant  a  certificate,  stating  that  such  name  has 
not  been  given  to  any  other  city,  incorporated  town,  or  incorporated 
village,  or  municipality  in  this  state,  if  such  be  the  fact;  but  if 
such  name  has  been  adopted  by  any  other  city,  town,  village  oi* 
municipality,  as  appears  from  information  in  his  office,  the  secre- 
tary of  state  shall  so  notify  the  party  or  parties  making  such 
application,  in  which  case  another  name  shall  be  filed  in  his  office, 
which  name  shall  likewise  remain  for  the  like  period  of  sixty 
days;  and  no  petition  shall  be  acted  upon  by  said  corporate 
authorities  unless  accompanied  by  the  certificate  of  the  secretary 
of  state,  setting  forth  that  such  name  has  not  been  adopted  else- 
where in  this  state. 

§  3.  The  secretary  of  state  shall,  as  soon  as  practicable  after 
the  passage  of  this  act,  communicate  with  the  clerks  of  the  several 
counties  of  this  state,  and  ascertain  the  names  of  all  the  cities, 
towns,  villages  or  other  municipal  corporations  therein,  and 
arrange  such  names  in  alphabetical  order  for  convenient  reference* 
Such  list  of  names  shall  be  kept  filed  in  his  office,  and  shall  be 
changed  whenever  a  change  of  name  shall  be  effected  under  the 
provisions  of  this  act. 

§  4.  At  any  meeting  of  the  corporate  authorities  of  any  city, 
incorporated  town  or  incorporated  village,  after  the  presentation 


CITIES  AND  VILLAGES. 


59 


of  the  petition  herein  provided,  such  corporate  authorities  shall 
fix  the  time  when  such  petition  shall  be  considered,  and  order 
notice  of  the  presentation  thereof  to  be  given,  by  publishing  such 
notice  for  three  successive  weeks  in  some  newspaper  having  a 
general  circulation  in  such  city,  town  or  village.  Such  notice 
shall  state  that  a  change  of  the  name  of  such  city,  town  or  village 
has  been  prayed  for,  and  the  time  when  action  on  said  petition 
Will  be  had,  at  which  time  remonstrances,  if  any,  will  be  heard. 

§  5.  At  the  time  fixed  in  the  notice  provided  for  in  the  pre- 
ceding section,  or  if,  from  any  cause,  action  thereon  is  not  taken, 
such  petition  praying  for  a  change  of  name  shall  be,  with  all  re- 
monstrances, heard  at  any  subsequent  meeting  of  the  corporate 
authorities  of  any  such  city,  town  or  village;  and  if  said  corporate 
authorities  are  satisfied  that  such  change  of  name  is  necessary  and 
proper,  they  shall  thereupon  make  an  order  changing  the  name 
of  such  city,  town  or  village,  and  adopting  the  name  prayed  for 
in  such  petition. 

§  6.  If  said  change  of  name  is  made,  said  corporate  authori- 
ties shall  cause  a  copy  of  the  order  making  such  change  to  be  filed 
in  the  office  of  the  secretary  of  state,  who  shall  thereupon  make 
known  the  fact  of  such  change,  by  publication  in  some  newspaper 
of  the  county  in  which  such  city,  town  or  village  is  situated,  and 
also  in  some  newspaper  in  the  city  of  Chicago  j  and  all  the  courts 
of  this  state  shall  take  judicial  notice  of  the  change  thus  made. 

§  7.  Nothing  in  this  act  contained  shall  affect  the  rights  or 
privileges  of  such  city,  town  or  village,  or  those  of  any  person,  as 
the  same  existed  before  such  change  of  name.  And  all  proceed- 
ings pending  in  any  court  or  place  in  favor  of  or  against  said  city, 
town  or  village,  may  be  continued  to  final  consummation  under 
the  name  in  which  the  same  was  commenced. 

§  8.  If  the  name  of  any  such  city,  town  or  village  shall  be 
changed  contrary  to  or  without  complying  With  the  provisions  of 
this  act,  such  change  shall  be  void;  and  all  proceedings  instituted 
or  acts  done  in  such  name  as  changed,  shall  be  void  and  held  for 
naught  in  the  courts  of  this  state. 

§  9.  When  the  plat  of  any  unincorporated  town  or  village 
shall  be  placed  upon  record  in  any  county  of  this  state;,  the  circuit 
court  of  said  county  shall  have  power,  at  any  regular  term  of  said 
court,  to  change  the  name  of  such  unincorporated  town  or  village, 
upon  the  petition  of  a  majority  of  the  legal  voters  residing  within 
the  limits  of  such  town  or  village  :  Provided,  notice  of  the  pro- 
posed change  of  name  shall  be  filed  in  the  office  of  the  secretary 
of  state,  as  provided  in  section  two  of  this  act. 


\ 


60 


CITIES  AND  VILLAGES. 


HOUSES  OF  ILL-FAME. 

AN  ACT  to  prevent  the  licensing  of  houses  of  ill-fame,  and  the  official  inspection 
or  medical  examination  of  the  inmates  thereof,  in  the  incorporated  cities,  towns 
and  villages  of  this  state.     Approved  and  in  force  March  27,  1874. 

Section.  Section. 

1.    Licensing  and  medical  inspection    2.  Emergency, 
forbidden. 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  it  shall  be  unlawful  for  the  corporate 
authorities  of  any  city,  town  or  village  in  this  state  to  grant  a 
license  to  any  person,  male  or  female,  to  keep  what  is  known  as  a 
house  of  ill-fame  or  house  of  prostitution.  And  it  shall  be  unlawful 
for  any  board  of  health  (or  any  member  or  employe  of  the  same) 
now  existing,  or  which  may  hereafter  exist  under  the  laws  of  this 
state,  to  interfere  in  the  management  of  any  house  of  ill-fame  or 
house  of  prostitution,  or  to  provide  in  any  manner  for  the  medical 
inspection  or  examination  of  any  inmate  of  the  same. 

§  2.  Whereas,  the  legislative  authorities  of  certain  cities  in 
this  state  are  about  to  license  houses  of  ill-fame,  therefore  an 
emergency  exists  why  this  act  should  take  effect  immediately : 
therefore,  this  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


POLICE  AND  FIREMEN'S  RELIEF  FUND. 


AN  ACT  to  provide  a  fund  for  the  relief  of  members  of  police  and  fire  depart- 
ments, in  incorporated  cities,  wounded  or  disabled  in  the  discharge  of  their 
duties,  and  for  the  relief  of  the  surviving  family  of  any  member  of  said  depart- 
ments, killed  while  on  duty,  [Approved  March  24,  1874.  In  force  July  1, 
1874. 


Section. 

1.  How  fund  created. 

2.  Use  for  disabled  men. 

3.  Use  in  case  of  death. 

4.  Vote  necessary  to  appropriate. 


Section. 

5.  Requests,   gifts,  etc. — treasurer's 

duty. 

6.  No  new  liability  on  city  for  inj  li- 

nes. 


§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly,  That  the  corporate  authorities  of 
any  city  in  this  state  may,  by  ordinance,  provide  that  all  moneys 
received  from  fines  inflicted  upon  members  of  the  police  and  fire 


CITIES  AND  VILLAGES. 


61 


departments  in  such  city,  for  violation  of  the  rules  or  regula- 
tions of  the  service,  shall  be  paid  into  the  city  treasury,  and  kept 
apart  as  a  fund  to  be  called  the  "Police  and  Firemen's  Belief 
Fund." 

§  2.  Whenever  any  member  of  either  of  said  departments 
shall,  while  in  the  diseharg-e  of  his  duty  as  a  member  or  officer  of 
such  service,  suffer  wounds,  or  in  any  other  manner  become  disa- 
bled, so  as  to  be  unfit  for  further  service,  the  corporate  authorities 
of  such  city  shall  appropriate  out  of  such  fund,  for  his  benefit, 
such  an  amount  or  amounts  of  money  as  to  them  may  seem  just 
and  reasonable. 

§  3.  Whenever  any  member  of  either  of  such  departments 
shall,  while  in  the  active  discharge  of  his  duty,  suffer  death,  or  die 
from  or  on  account  of  injuries  received  while  in  such  active  dis- 
charge of  his  duty,  the  corporate  authorities  of  any  such  city  shall 
appropriate  out  of  said  fund  such  an  amount  as  to  them  shall  seem 
just  and  equitable,  for  the  relief  of  the  surviving  members  of  the 
family  of  such  deceased. 

§  4.  All  such  appropriations  shall  be  made  by  a  vote  of  a 
majority  of  all  the  members  elected  of  such  corporate  body;  and 
such  authorities  alone  shall  have  the  right  to  determine  the  amount 
of  relief  to  be  granted  under  this  act. 

§  5.  In  case  of  any  bequest,  gift,  devise  or  donation  to  the 
fund  aforesaid,  the  city  treasurer  of  such  city,  by  virtue  of  his 
office,  and  his  successors  in  office,  shall  be  the  trustee  of  the  same, 
and  in  that  capacity,  under  the  direction  of  the  corporate  authori- 
ties of  such  city,  he  shall  administer  the  same. 

§  6.  Nothing  in  this  act  shall  be  so  construed  as  to  create 
any  new  liability  on  the  part  of  any  city  for  injuries  received  by 
persons  in  its  service. 


WATER  WOEKS. 

AN  ACT  authorizing  cities,    incorporated  towns  and  villages  to  construct  and 
maintain  water  works.    Approved  and  in  force  April  15,  1873. 

Section.  Section. 

1.  Power  to  supply  water — letting    4.    Rules — tax — assessment — lien. 

contracts.  5.    Special  assessment. 

2.  Borrow  money — tax.  6.    Separate  funds. 

3.  May  acquire  property  for  works,    7.    When  act  not  apply. 

etc.  8.  Emergency. 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly,  That  all  cities,  incorporated  towns 
and  villagesvin  this  state  be  and  are  hereby  authorized,  and  shall 

(16) 


82 


CITIES  AND  VILLAGES  j 


have  power  to  provide  for  a  supply  of  water  for  the  purposes  of  fire 
protection,  and  for  the  use  of  the  inhabitants  of  such  cities,  incorpo- 
rated towns  or  villages,  by  the  erection,  construction  [and]  main- 
taining of  a  system  of  water  works  J  Provided ,  that  all  contracts  for 
the  erection  or  construction  of  any  such  works,  or  any  part  thereof, 
shall  be  let  to  the  lowest  responsible  bidder  therefor,  upon  not  less 
than  three  weeks'  public  notice  of  the* terms  and  conditions  upon 
which  the  contract  is  to  be  let  having  been  given,  by  publication 
in  a  newspaper  published  in  such  city,  town  or  village)  or  if  no 
newspaper  is  published  therein,  then  in  some  newspaper  published 
in  the  county  :  And,  provided,  further,  that  no  member  of  the  city 
council  or  board  of  trustees,  or  mayor,  shall  be  directly  or  indi- 
rectly interested  in  any  such  contract)  and  in  all  cases  the  council 
or  board  of  trustees,  as  the  case  may  be,  shall  have  the  right  to 
reject  any  and  all  bids  that  may  not  be  satisfactory  to  them* 

§  2.  Such  cities,  incorporated  towns  and  villages  may  bor- 
row money  and  levy  and  collect  a  general  tax  in  the  same  manner 
as  other  municipal  taxes  may  be  levied  and  collected  for  the  erec- 
tion, construction  and  maintaining  of  such  water  works,  and 
appropriate  money  for  the  same. 

§  3.  For  the  purpose  of  erecting,  constructing,  locating, 
maintaining  or  supplying  such  water  works,  any  such  city,  incor- 
porated town  or  village  may  go  beyond  its  territorial  limits,  and 
may  take,  hold  and  acquire  property  and  real  estate,  by  purchase  or 
otherwise)  and  shall  also  have  the  power  to  take,  hold  and  acquire 
and  condemn  any  and  all  necessary  property  and  real  estate  for 
the  location,  erection^  construction  and  maintaining  of  such  water 
Works,  in  the  manner  provided  for  the  taking  and  condemning  of 
private  property  for  public  use  )  and  may  also  acquire  and  hold 
real  estate  and  other  property  and  rights  necessary  for  the  loca- 
tion, erection,  construction  and  maintenance  of  such  water  works, 
by  purchase  or  otherwise  )  and  the  jurisdiction  of  such  city,  town 
or  village  to  prevent  or  punish  any  pollution  or  injury  to  the 
stream  or  source  of  water  for  the  supply  of  such  water  works, 
shall  extend  ten  miles  beyond  its  corporate  limits. 

§  4.  The  common  council  of  such  cities,  or  trustees  of  such 
towns  or  villages,  shall  have  power  to  make  and  enforce  all  need- 
ful rules  and  regulations  in  the  erection,  construction  and  manage- 
ment of  such  water  works,  and  for  the  use  of  water  supplied  by 
the  same.  And  such  cities,  towns  and  villages  shall  have  the 
right  and  power  to  tax,  assess  and  collect  from  the  inhabitants 
thereof  such  tax,  rent  or  rates  for  the  use  and  benefit  of  water 
used  or  supplied  to  them  by  such  water  works,  as  the  common 
council  or  board  of  trustees,  as  the  case  may  be,  shall  deem  just 
and  expedient.  And  all  such  water  taxes,  rates  or  rents  shall  be 
a  lien  upon  the  premises  and  real  estate  upon  or  for  which  the 
same  is  used  or  supplied.  And  such  taxes,  rents  or  rates  shall  be 
paid  and  collected,  and  such  lien  enforced,  in  such  manner  as  the 


CITIES  AND  VILLAGES. 


63 


common  council  shall,  by  ordinance,  direct  and  provide. 

§  5,  The  expense  of  locating,  erecting  and  constructing  res- 
ervoirs and  hydrants  for  the  purpose  of  fire  protection,  and  the 
expens  e  of  constructing  and  laying  water  main  pipes,  or  such 
part  thereof  as  may  be  just  and  lawful,  may  be  assessed  upon  and 
collected  from  the  property  and  real  estate  specially  benefited 
thereby,  if  any,  in  such  manner  as  may  be  provided  for  the  mak- 
ing of  special  assessments  for  other  public  improvements  in  such 
cities,  towns  or  villages. 

§  6.  All  the  income  received  by  such  cities,  towns  or  vil- 
lages from  such  Water  works,  from  the  payment  and  collection  of 
water  taxes,  rents  or  rates,  shall  be  kept  in  a  separate  fund,  and 
shall  first  be  applied  in  the  payment  and  discharge  of  the  costs, 
interest  on  bonds  or  money  borrowed  and  used  in  the  erection  and 
construction  of  such  water  works  and  running  expenses  thereof, 
And  any  surplus  may  be  applied  in  such  manner  as  the  common 
council  or  board  of  trustees  may  direct, 

§  7,  The  provisions  of  this  act  shall  not  apply  to  cities,  towns 
or  villages  in  which  water  works  are  now  managed  or  controlled 
by  a  board  of  public  works. 

§  8.  Whereas  many  of  the  cities  embraced  in  this  act  are 
entirely  without  adequate  protection  from  fires,  and  are  without 
lawful  authority  to  provide  the  necessary  means  of  protection 
authorized  by  this  act,;  therefore  an  emergency  exists  that  this  act 
should  take  effect  immediately  ;  therefore,  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


AN  ACT  to  provide  for  the  laying  of  water  supply  pipe  by  bends  and  special 
assessment,  payable  in  installments.     [Approved  and  in  force  March  17,  1874.] 

Section.  Section. 

1.  Bonds  <— assessments  payable  by    3.    Applies   to    assessments  already 

installments.  ordered. 

2.  When  installments  to  be  paid — in-    4.  Emergency. 

teres  t. 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  whenever  the  corporate  authorities 
of  any  city,  town  or  village  shall  provide,  by  ordinance,  for  the 
laying  of  water  supply  pipes,  to  be  paid  for  by  a  special  assess- 
ment to  be  made  under  the  provisions  of  article  nine  of  the  act  of 
the  general  assembly,  entitled  u  An  act  to  provide  for  the  incor- 
poration of  cities  and  villages, "  approved  April  10,  A.  D.  1872, 
such  corporate  authorities  may,  in  their  discretion  provide  in  such 
ordinance,  or  by  an  ordinance  to  be  adopted  at  any  time  prior  to 
the  issuance  of  the  warrant  to  the  collector  for  the  collection  of 
such  assessment,  that  the  amount  of  the  estimated  cost  of  such 
improvement  shall  be  provided  for  in  the  following  manner,  to- 


64 


CITIES  AND  VILLAGES. 


wit:  That  bonds  of  the  city,  town  or  village,  (as  the  case  may 
be,)  shall  be  issued  for  such  portion  of  the  estimated  cost  of  such 
improvement  as  shall  be  apportioned  to  the  city,  town  or  village 
as  public  benefit,  payable  at  such  time  or  times,  within  twenty 
years,  as  may  be  provided  by  said  ordinance,  or  it  may  in  such 
ordinance  be  provided  that  all  or  any  portion  of  the  amount,  so 
apportioned  as  public  benefits,  may  be  made  by  general  taxation 
in  accordance  with  the  provisions  contained  in  said  article  nine, 
and  that  the  portion  of  said  estimated  cost  which  shall  be  assessed 
upon  property  specially  benefited,  shall  be  payable  in  such  annual 
installments,  not  exceeding  ten  in  number,  as  may  in  such  ordi- 
nance be  prescribed  :  Provided,  that  nothing  in  this  section  shall 
authorize  any  city,  town  or  village  to  issue  such  bonds  to  an 
amount,  including  all  existing  indebtedness,  in  excess  of  the 
charter,  statutory  or  constitutional  limitation  of  the  indebtedness 
of  such  city,  town  or  village. 

§  2.  Whenever  such  corporate  authorities  shall  have  pro- 
vided by  ordinance  for  the  making  of  such  improvement  in  the 
manner  prescribed  in  section  1  of  this  act,  the  first  installment  of 
the  amount  assessed  upon  property  specially  benefited  shall  be 
payable  immediately  upon  the  issuance,  by  the  clerk  of  such  city, 
town  or  village,  of  his  warrant  to  the  collector,  and  the  subsequent 
installments  shall  be  payable  annually  thereafter,  with  interest 
until  paid,  at  such  rate  as  shall  be  prescribed  in  such  ordinance., 
not  exceeding  ten  per  cent,  per  annum. 

§  3.  This  act  shall  apply  to  assessments  already  ordered  for 
the  purpose  set  forth  in  section  1  of  this  act,  and  to  the  ordinances 
in  relation  thereto,  as  well  as  to  ordinances  hereafter  to  be 
adopted. 

§  4.  Whereas  certain  cities,  towns  and  villages  are  about  to 
lay  water  supply  pipe,  and  are  desirous  of  availing  themselves  of 
the  provisions  of  this  act,  therefore  an  emergency  is  declared  to 
exist,  and  this  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


AN  ACT  to  enable  cities  and  Tillages  to  contract  for  a  supply  of  water  for  public 
use,  and  to  levy  and  collect  a  tax  to  pay  for  water  so  supplied.  [Approved 
April  9,  1872.    In  force  July  1, 1872.] 

Section.  Section. 
1.    Power  to  contract  for  water.  2.  Tax. 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly,  That  in  all  cities  and  villages  where 
water  works  may  hereafter  be  constructed  by  an  incorporated 
company,  the  city  or  village  authorities  in  such  cities  and  villages 
may  contract  with  such  incorporated  company  for  a  supply  of 
water  for  public  use,  for  a  period  not  exceeding  thirty  years. 


CITIES  AND  VILLAGES. 


65 


§  2.  Any  such  city  or  village  so  contracting  may  levy  and 
collect  a  tax  on  all  taxable  property  within  such  city  or  village, 
to  pay  for  the  water  so  supplied. 


SALARIES  OF  CITY  OFFICERS. 

AN  ACT  to  enable  the  corporate  authorities  of  cities  to  establish  and  fix  the 
salaries  of  city  officers.    [Approved  and  in  force  April  23,  1873. 

Section.  Section. 

1.    When   to  be  fixed — not  changed    2.  Emergency, 
during  term. 

§  L  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  It  shall  and  may  be  lawful  for  the  com- 
mon council  or  legislative  authority  of  any  city  in  this  state  to 
establish  and  fix  the  amount  of  salary  to  be  paid  any  and  all  city 
officers,  as  the  case  may  be,  except  members  of  such  legislative 
body,  in  the  annual  appropriation  bill  or  ordinance  made  for  the 
purpose  of  providing  for  the  annual  expenses  of  any  such  city,  or  by 
some  ordinance  prior  to  the  passage  of  such  annual  appropriation 
bill  or  ordinance  ;  and  the  salaries  or  compensation  thus  fixed  or 
established,  shall  neither  be  increased  nor  diminished  by  the  said 
common  council  or  legislative  authority  of  any  such  city,  after  the 
passage  of  said  annual  approjmation  bill  or  ordinance,  during  the 
year  for  which  such  appropriation  is  made,  and  no  extra  compen- 
sation shall  ever  be  allowed  to  any  such  officer  or  employe  over  and 
above  that  provided  in  manner  aforesaid. 

§  2.  Whereas  the  corporate  authorities  of  certain  cities  in 
this  state  have  no  power  to  establish  or  fix  salaries  of  their  city 
officers  in  certain  cases,  whereby  an  emergency  exists  requiring 
this  act  to  take  immediate  effect :  therefore,  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


(17) 


36  CtTlUS  AND  VILLAGE 


BEBATE  AND  KEDUCTION  OF  TAXES*  ETC. 

AN  ACT  to  prevent  the  unjust  collection,  by  incorporated  cities  and  towns,  of 
taxes  levied  upon  property  destroyed  by  fire,  and  to  authorize  the  commeii 
council  of  such  cities,  or  board  of  trustees  of  such  towns,  to  change  or  amend 
appropriation  bills,  tp  pass  new  rppropriation  bills,  to  reduce  taxes  and  special 
assessments  in  certain  cases,  and  to  discontinue  special  improvements.  Approved 
and  in  force  January  18,  1872; 

Section.  Section. 

1.  Rebate  When  property  destroyed.    8.  Emergency. 

2.  Reduce  or  release  tax  or  assessment. 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  whenever,  in  any  incorporated  city 
or  town  in  this  state,  any  property  listed  or  assessed  for  municipal 
taxation,  shall  have  been  or  shall  hereafter  be  destroyed  by  fire,- 
in  whole  or  in  part,  before  the  levy  of  the  municipal  taxes  of  such 
city  thereon,  or  before  the  municipal  taxes  levied  thereon  shall 
have  been  collected,  it  shall  and  may  be  lawful  for  the  mayor  of 
such  city  or  town — if  there  be  no  mayor,  then  the  president  of  the 
board  of  trustees,  the  city  comptroller,  if  there  should  be  one;  and 
if  not,  then  the  city  clerk  or  town  clerk;  and  the  tax  commis- 
sioner, if  there  should  be  one;  if  not;  then  the  chairman  of  the 
finance  committee  of  the  city  council,  or  board  of  trustees — to  rej 
bate  or  remit  so  much  of  such  tax  or  taxes,  so  levied  upon  such 
property,  as  in  their  opinion  should  be  rebated  or  remitted  by 
reason  of  such  property  having  been,  in  whole  or  in  party 
destroyed  by  fire. 

§  2.  That  whenever,  in  any  incorporated  city  or  town  in  this 
state,  any  large  portion  of  the  taxable  property  of  such  city  shall 
have  been  or  shall  hereafter  be  destroyed  by  fire,  so  as  to  seriously 
impair  or  affect  the  ability  of  the  property  owners  of  such  city  or 
town  to  pay  taxes  or  special  assessments  thereon,  and  an  appro- 
priation bill  has  been  made  or  passed,  or  special  improvements 
ordered  before  such  fire,  and  the  tax  or  assessment  for  the  pay- 
ment or  raising  of  the  same  has  not  been  levied  or  collected,  it 
may  be  lawful  for  the  city  council  or  board  of  trustees  of  any  such 
town  to  alter,  revise,  change,  reduce  or  vacate,  or  repeal  such 
appropriation  bill,  or  any  part  of  the  same,  and  to  order  the  dis- 
continuance of  said  special  improvements,  or  any  of  the  same,  or" 
to  reduce  the  amount  of  taxes  or  special  assessments  ordered  to  be 
levied,-  or  assessed,  or  collected  for  any  general  or  special  purpose^ 
and  to  pass  a  new  appropriation  bill ;  which  new  appropriation 
bill  shall  have  the  same  force  and  effect  as  if  the  same  had  beeri 
passed  within  the  time  prescribed  by  the  charter  of  any  siK-h  city 
or  such  corporate  town.- 


pmE8  AND  VILLAGES^ 


§  3.  Whereas  a  large  amount  of  property  listed  for  taxation 
in  the  city  of  Chicago,  and  in  other  cities  and  towns  of  this  state* 
has  been  destroyed  by  fire  before  the  taxes  thereon  have  been 
paid,  which  taxes  it  would  be  unjust  to  collect,  it  is  declared  that 
an  emergency  exists  that  this  law  go  into  force  immediately,  and 
therefore  it  is  enacted  that  this  law  shall  be  in  force  from  and 
after  its  passage-. 


SEWERAGE  AND  WATEH  TAXES. 

AN  ACT  in  relation  to  the  levy  an cL  collection  of  taxes  for  sewerage  and  water 
works  in  the  cities  of  this  state  that  may  have  established  a  system  of  sewerage 
and  Water  works  for  such  city.    [Approved  and  in  force  April  22, 1871.] 

Section.  Section. 

1.  Sewerage  fund  tax.  3.  Emergency. 

2.  Water  fund  tax. 

§  i.  Be  it  enacted  by  the  People  of  the  State  of  Illinois^,  repre* 
sented  in  the  General  Assembly-,  That  the  legislative  authority  of 
any  such  city  which  now  has  or  may  hereafter  have  established 
a  system  of  sewerage  for  such  city,  shall  have  power,  annually,  to 
levy  and  collect  a  tax  Upon  the  taxable  real  and  personal  estate 
of  any  such  city,  not  to  exceed  one  mill  on  a  dollar,  for  the  exten- 
sion and  laying  of  sewers  therein  and  the  maintenance  of  such 
sewers,  which  tax  shall  be  known  as  "  The  Sewerage  Fund  Tax/' 
"and  shall  be  levied  and  collected  in  the  same  manner  that  other 
general  taxes  of  any  such  city  are  levied  and  collected.  Provided, 
however,  that  the  board  of  public  works  of  such  city,  if  any,  or  the 
head  of  the  sewer  department  of  such  city,  shall  first  certify  to 
such  legislative  authority  the  amount  that  will  be  necessary  for 
such  purpose. 

§  2.  The  legislative  authority  of  any  such  city  which  now 
has  or  which  may  hereafter  have  established  Water  works>  for  the 
supply  of  water  to  the  inhabitants  thereof,  shall  have  power  to 
^annually  levy  and  collect  a  tax  upon  the  taxable  re&l  and  personal 
estate  of  any  such  city,  not  to  exceed  one  mill  on  the  dollar,  for 
the  extension  of  water  mains  or  pipes  therein  and  the  maintenance 
of  such  water  works,  which  tax  shall  be  known  as  "  The  Water 
Fund  Tax,"  and  shall  be  levied  and  collected  in  the  same  manner 
that  other  general  taxes  of  any  such  city  are  levied  and  collected: 
Provided.,  however,  that  the  board  of  public  works  of  such  city,  if 
any,  or  the  bead  of  the  water  department  of  such  city)  shall  first 


68 


CITIES  AND  VILLAGES. 


certify  to  such  legislative  authority  the  amount  that  will  be  neces- 
sary for  such  purposes,  and  shall  further  certify  that  the  revenue 
or  income  from  such  water  works  will  be  insufficient  therefor. 

§  3.  Whereas  the  health  and  good  government  of  such  cities 
require  that  they  severally  possess  the  power  and  authority  con- 
ferred by  this  act  upon  such  cities,  and  the  officers  thereof,  without 
any  delay,  it  is  hereby  declared  that  an  emergency  exists  that 
this  law  should  be  in  force  from  and  after  its  passage. 


TAXES. 


AN  ACT  in  regard  to  the  assessment  of  property,  and  the  levy  and  colle^  ion  of 
taxes  by  incorporated  cities  in  this  state.  [Approved  April  15, 1873.  In  force 
July  1,  1873. 


Section. 


Section. 


1.  Purposes  for  which  taxes  may  be  14. 

levied. 

2.  Assessor  and  collector.  15. 

3.  Rule  of  assessment — property  ag-  16. 

sessed. 

4.  Of  what  time  assessed.  17. 

5.  General  revenue  law  applies. 

6     Time  to  hear  objections — notice.  18. 

7.  Equalization — hearing  objections.  19. 

8.  Tax  books — duties  of  clerk,  may- 

or, etc.  20. 

9.  Ordinance  levying  tax — limitation.  21. 

10.  Extending  tax — warrant — delivery 

to  collector — receipt. 

11.  Fixing  time  of  return. 

COLLECTION  OF  TAXES.  22. 

12.  Notice — levy  on  personal  property.  23. 

13.  Deputies — examination  of  papers, 

etc. — returns. 


Lien — owner  on  May  1st,  to  pay — 
sale  of  personal  property. 

Return  to  county  collector. 

Proceedings  by  county  collector — 
judgment  appeal. 

Collection  after  return — correcting 
list. 

Sale — report — expenses — fees. 
Where  record   remains — redemp- 
tion. 

General  revenue  law  applicable. 
Liability  of  collector,  when  prop- 
erty sold  after  payment. 

GENERAL  PROVISIONS. 

City  may  collect  under  general 

revenue  law. 
Tax  commissioner — his  duties. 


§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly,  That  in  all  incorporated  cities  in 
this  state,  the  city  council  may,  by  ordinance,  annually  levy  and 
collect  city  taxes  on  real  and  personal  property  within  the  city : 

First — For  general  and  contingent  expenses,  or  any  other 
expenses  not  herein  otherwise  provided  for. 

Second — For  supplying  and  maintaining  schools,  and  erecting 
and  repairing  school  houses. 


CITIES  AND  VILLAGES. 


69 


Third — For  the  erection  of  a  city  market,  bridewell,  or  house 
of  correction,  or  other  public  buildings,  purchase  of  grounds 
therefor,  the  building  of  bridges,  improvement  of  river  or 
harbor,  for  improving  the  sanitary  condition  of  the  river  or  har- 
bor, or  any  other  permanent  improvement. 

Fourth — A  tax  of  sufficient  amount  to  meet  the  interest  accru- 
ing on  the  indebtedness  of  the  city. 

Fifth — To  provide  for  a  sinking  fund  or  funds,  for  the  pay- 
ment of  the  general  or  special  indebtedness  of  the  city  ;  and  no 
city  shall  hereafter  contract  any  debt  without  at  the  same  time 
pi'oviding  for  the  annual  levy  and  collection  of  a  direct  tax  suffi- 
cient to  pay  the  interest,  and  the  principal  when  it  falls  due.  All 
money  raised  for  any  sinking  fund  shall  be  invested  in  the  pur- 
chase of  bonds  of  said  city — such  purchase  to  be  made  from  time 
to  time,  as  directed  by  the  mayor ;  and  all  bonds  so  purchased 
shall  be  immediately  retired  and  canceled,  in  the  presence  of  the 
city  council,  at  some  stated  meeting  thereof.  No  sinking  fund 
shall  be  used  for  any  other  purpose  than  the  purchase  of  city 
bonds  or  the  payment  of  the  city  indebtedness  upon  account  of 
•  which  sinking  fund  was  raised:  Provided,  that  no  tax  shall  be 
levied  under  this  section,  unless  two-thirds  of  all  the  aldermen 
elected  shall  vote  in  favor  of  the  same. 

Sixth — A  tax  of  sufficient  amount,  when  required,  to  provide 
for  the  expense  incurred  in  making  any  public  improvement, 
caused  by  any  casualty  or  accident  happening  after  the  making  of 
the  annual  appropriations  for  such  year,  or  to  pay  an}^  judgment 
that  may  have  been  recovered  against  the  city  during  such  previ- 
ous year. 

Seventh — To  levy  taxes  for  the  building,  extension  and  main- 
tenance of  sewers ;  for  the  laying  and  extension  of  water  mains 
or  pipes,  and  for  establishing  and  maintaining  of  water  works ; 
for  the  lighting  of  the  city,  and  to  establish  and  maintain  gas 
works. 

§  2.  There  shall  be  one  assessor  and  one  collector,  who  shall 
be  elected  by  the  people  at  the  time  fixed  by  law  for  electing  the 
mayor  of  the  city,  and  the  term  of  office  of  the  collector  shall  be 
the  same  as  that  of  the  mayor,  and  the  collector  shall  give  bonds 
for  the  faithful  performance  of  the  duties  of  his  office,  in  such 
manner,  form  and  amount  as  the  common  council  may  by  ordi- 
nance provide.  The  city  council  may  authorize  such  assessor  to 
appoint  such  number  of  assistant  assessors  as  the  city  council  may 
adjudge  necessary.  The  city  council  may  prescribe  the  duties 
and  define  the  powers  of  such  assessor  (and  of  such  assistant 
assessors,  if  appointed,)  by  ordinance  :  Provided,  that  such  assess- 
ors shall  have  the  same  powers  that  assessors  may  possess  under 
the  general  laws  of  the  state  for  the  assessment  of  state  and 
county  taxes,  not  inconsistent  with  this  act;  and  the  city  council 

(18) 


TO 


may,  by  ordinance,  prescribe  the  form  of  all  assessment  books  or 
rolls. 

§  3.  The  assessor  shall  assess  all  taxable  real  arid  personal 
estate  at  its  real  or  trtie  value,-  as  defined  by  the  state  revenue 
laws.  All  personal  property,  of  every  nature  and  kind,-  having  its 
actual  situs  within  the  city,  shall  be  assessed  for  municipal  purpo- 
ses, whether  the  owner  resides  in  the  city  or  not;  this  provision" 
to  extend  to  and  include  the  property  of  railroads  and  the  propor- 
tion of  rolling  stock  of  all  such  railroads  or  railway  companies 
as  run  cars  or  trains  into  the  city,  by  lease  of  road-bed  or  track, 
the  same  as  though  such  companies  owned  the  track  or  road-bed- 
such  railroad  property  to  be  assessed,  and  such  proportion  to  be 
ascertained  and  apportioned  in  accordance,  as  near  as  may  be, 
with  the  statutes  regulating  the  manner  of  listing  and  valuing  the 
property  of  railroads  for  state  and  cotmty  taxation. 

§  4,  Personal  property  shall  be  listed  for  municipal  purposes 
with  reference  to  the  quantity  on  hand  and  owned  on  the  first 
day  of  May  in  the  year  for  which  the  property  is  required  to  be 
listed,  including  the  property  purchased  on  that  da}*. 

§  5.    All  the  provisions  of  the  general  revenue  la-fcs  of  this  9 
state,  so  far  as  the  same  are  applicable,  concerning  the  levy  and 
assessment  of  taxes  for  state  and  county  purposes,  and  the  duties  of 
assessors,  shall  be  in  force  and  apply  to  all  cities  in  this  state, 
unless  in  conflict  with  this  act. 

§  6.  "When  the  assessor  shall  have  completed  the  assessment 
of  the  taxable  real  and  personal  estate  of  said  city,  he  shall  file 
the  same  in  the  city  clerk's  office )  and  the  mayor,  city  clerk  and 
assessor  shall  fix  upon  a  day,  not  less  than  seven  nor  more  than 
thirty  days  from  the  date  of  the  filing  of  said  assessment,  for  the 
hearing  of  objections  to  the  assessment)  and  they  shall  give 
notice  of  the  time  and  place  of  such  hearing  by  written  or  printed 
notices,  one  to  be  posted  in  each  ward  in  such  city  at  least  one 
week  before  the  day  fixed  for  such  hearing,  and  by  one  insertion 
in  a  newspaper  published  in  the  city,  (if  any  there  shall  be,)  at 
least  one  week  before  the  day  fixed  for  such  hearing.  Any  person 
feeling  aggrieved  by  the  assessment  of  his  property  may  appear 
at  the  time  specified  and  make  his  objections. 

§  7,  The  said  mayor,  city  clerk  and  assessor,  constituting 
the  board  of  equalization,  shall  meet  at  the  time  and  place  desig- 
nated to  revise  and  correct  the  said  assessments.  They  shall  hear' 
and  consider  all  objections  which  may  be  made,  and  shall  have 
power  to  make  all  proper  corrections,  and  supply  omissions  in  the 
assessment,  and,  for  the  purpose  of  equalizing  the  same,  to  alter^ 
add  to,  take  from,  and  otherwise  correct  and  revise  the  same.- 
They  shall  continue  in  session  during  three  business  hours  of  each 
and  every  secular  day,  for  not  less  than  three  nor  more  than  ten 
successive  days,  as  the  city  council  may  direct.  Thereafter  no 
?hange,<amendment  or  alteration  shall  be  made^  nor  shall  any  tax- 


'CITIES  AND  VILLAGES. 


71 


Or  portion  thereof  be  refunded*  A  majority  of  said  board  shall 
Constitute  a  quorum. 

§  8.  When  such  revision  has  been  completed,  the  same 
shall  be  deposited  With  the  city  clerk)  who  shall  enter  in  a  book 
or  books-,  to  be  prepared  for  that  purpose,  a  complete  list  of  all 
the  taxable  real  and  personal  estate  in  said  city,  according  to  the 
assessment  as  returned  by  said  assessor,  and  revised  by  the  board 
of  equalisation-,  showing-,  in  a  proper  column  ruled  for  that  pur- 
pose, the  names  of  the  different  owners,  so  far  as  they  appear  in 
said  revised  lists-,  and  in  another  column  the  amount  of  the  valu- 
ation made  in  each  case.  Said  book  or  books  shall  also  have 
ruled  therein  an  appropriate  column  for  extending  or  inserting 
the  amount  of  taxes  which  may  be  levied  upon  said  property* 
Said  book  or  books  shall  constitute  the  tax  list  of  real  and  per- 
sonal estate  for  such  year*  The  clerk  shall  also  add  up  the  valua- 
tions in  such  list,  and  the  aggregate  amount  thereof  shall  be 
•entered  by  him  at  the  foot  of  the  appropriate  column  in  the  last 
page.  When  the  said  tax  list  shall  have  been  so  completed,  it 
shall  be  signed  by  the  mayor,  city  clerk  or  assessor,  or  a  majority 
of  them,,  and  left  in  the  custody  of  the  city  clerk, 

§  9.  The  city  council  shall  thereupon,  by  ordinance  or  resolu- 
tion, levy  such  sum  or  sums  of  money  as  may  be  necessary  for  the 
several  purposes  for  which  taxes  are  herein  authorized  to  be  levied*, 
specifying  the  purpose  for  which  the  same  are  levied  $  but  the 
aggregate  amount  of  taxes  levied  for  any  one  year  shall  not 
exceed  the  rate  of  three  per  cent,  upon  the  aggregate  assessed 
Valuation  of  all  property  assessed* 

§  10.  It  shall  be  the  duty  of  the  city  clerk  to  estimate  the 
several  taxes  levied  by  the  common  council,  computing  them 
together  as  one  tax,  and  to  insert  the  total  amount  of  such  taxes 
in  the  appropriate  column  of  said  tax  list,  opposite  to  the  person 
Or  property  chargeable  therewith.  When  completed,  the  city 
clerk  shall  attach  to  said  tax  list  a  warrant,  under  the  corporate 
seal,  signed  by  the  mayor  and  city  clerk,  directed  to  the  collector, 
commanding  him  to  make,  levy  and  collect  as  the  taxes  for  such 
year  the  several  sums  of  money  set  opposite  to  the  real  and  per- 
sonal estate  or  persons  in  said  tax  list  mentioned  or  described,  of 
the  goods  and  chattels  of  the  respective  owners  of  such  real  of 
personal  estate,;  which  warrant  shall  designate  the  names  and 
rates  of  the  several  taxes  therein,  and  shall  specify  the  aggregate 
•amount  of  taxes  to  be  collected,  and  shall  also  command  the  coh 
lector  to  collect  the  same  from  the  persons  or  property  named  in 
said  list,  according  to  law*  Said  tax  list,  with  the  warrant 
attached,  shall  be  delivered  to  the  collector  by  the  city  clerk,  and 
shall  constitute  the  only  process  necessary  to  be  issued  for  the 
collection  of  the  annual  city  taxes.  The  city  clerk  shall  take  a 
receipt  from  the  collector  for  the  said  tax  lists,  specifying  the 


72 


CITIES  AND  VILLAGES. 


aggregate  amount  of  taxes  levied,  and  the  respective  amounts 
levied  upon  real  estate  and  personal  property. 

§  11.  The  city  council  may,  by  resolution  or  ordinance, 
order  and  direct  that  a  return  of  any  warrant  issued  to  the  city 
collector  shall  be  made  at  a  time  to  be  specified  in  such  ordinance 
or  resolution. 


COLLECTION  OF  TAXES. 

• 

§  12.  Upon  the  receipt  of  any  warrant  for  the  collection  of 
the  annual  taxes,  special  taxes  or  any  special  assessment  on  real 
or  personal  property,  the  collector  shall  forthwith  give  ten  days' 
notice,  by  publication  in  any  newspaper  published  in  said  city,  or 
if  no  newspaper  is  published  in  said  city,  by  posting  written  or 
printed  notices  in  four  public  places  in  the  city,  that  such  warrant 
is  in  his  hands  for  collection,  briefly  describing  its  nature,  and 
requesting  all  persons  interested  to  make  immediate  payment  at 
his  office.  In  the  notice  so  to  be  published  or  posted,  he  shall 
notify  all  parties  interested  that  after  the  expiration  of  thirty  days 
from  the  date  of  receiving  such  warrant  he  will  levy  upon  the 
personal  property  of  all  who  shall  have  failed  to  pay;  and  at  the 
end  of  thirty  days,  or  as  soon  thereafter  as  may  be,  he  shall  so 
levy  if  personal  property  belonging  to  such  delinquent  person  or 
persons  can  be  found;  and  he  shall  be  liable  for  their  tax  in  case 
of  neglecting  so  to  do.  Said  taxes  shall  be  a  lien  upon  any  prop- 
ert}~,  real  or  personal,  that  such  delinquents  may  have  or  may 
thereafter  acquire,  until  paid;  and  the  collector  or  his  successor  in 
office  may  at  any  time  thereafter  levy  and  collect  the  same.  But 
nothing  in  this  section  shall  be  so  construed  as  to  prevent  the  col- 
lector from  levying  at  any  time  after  the  publication  or  posting 
of  the  ten  days'  notice  above  required. 

§  13.  The  city  collector  may  appoint  such  number  of  depu- 
ties as  the  city  council  may  adjudge  necessary.  All  the  city  col- 
lector's papers,  books,  warrants  and  vouchers  may  be  examined 
at  any  time  by  the  mayor  or  city  clerk,  or  any  member  of  the  city 
council,  or  by  any  tax  payer  of  said  city.  The  collector  shall, 
weekty,  or  oftener  if  the  city  council  so  direct,  pay  over  all  the 
money  collected  by  him  from  any  person  or  persons  or  asso- 
ciations to  the  city  treasurer,  taking  his  receipt  therefor  in  dupli- 
cate, one  of  which  receipts  he  shall  at  once  file  in  the  office  of  the 
city  comptroller,  if  there  be  one,  and  if  there  is  no  city  comp- 
troller, then  in  the  office  of  the  city  clerk. 

§  14.  All  taxes,  general  or  special,  and  special  assessments 
levied  by  the  city  council,  shall  be  a  lien  upon  the  real  estate  on 
which  the  same  may  be  imposed,  and  said  lien  shall  continue  until 
said  taxes,  special  taxes  and  assessments  are  paid.  Every  person 
owning  real  property  on  the  first  day  of  May,  including  all  such 


CITIES  AND  VILLAGES. 


73 


property  purchased  on  that  day,  shall  be  liable  for  the  taxes  thereon 
for  that  year.  The  city  taxes  shall  also  be  a  Hen  on  the  personal 
property  of  all  persons  owing  taxes  from  and  after  the  delivery 
to  the  collector  of  the  warrant;  and  no  sale  or  transfer  of  said 
property  shall  affect  the  lien,  but  the  said  property  may  be  seized 
by  the  collector  whenever  found,  and  removed,  if  necessary,  and 
sold,  to  discharge  the  taxes  of  the  person  owing  the  same;  and 
the  same  proceedings  may  be  resorted  to  by  the  collector  upon 
any  warrant  issued  for  the  collection  of  a  special  assessment  or 
special  tax.  Upon  such  seizure  of  personal  property  by  such 
collector,  he  shall  forthwith  advertise  and  sell  the  same  in  the 
manner  provided  by  law  for  sales  by  constables  upon  executions 
issued  by  justices  of  the  peace ;  and  the  fees  of  the  collector  for 
making  any  levy  and  sale  of  property  shall  be  the  same  as  allowed 
to  constables  for  levy  and  sale  of  property  on  execution ;  and  the 
costs  shall  in  all  cases  be  collected  out  of  the  propert}^  of  the 
person  against  whom  the  levy  is  made. 

§  15.  It  shall  be  the  duty  of  the  collector,  within  such  time 
as  the  city  council  may,  by  ordinance,  provide,  to  make  a  report 
(or  return),  in  writing,  to  the  general  officer  of  the  county  author- 
ized and  designated  by  the  general  revenue  law  of  this  state  to 
advertise  and  sell  lands  for  taxes  due  the  county  and  state,  of  all 
the  lands,  town  lots  and  real  property  on  which  he  shall  have 
been  unable  to  collect  taxes,  special  taxes,  and  special  assessments, 
w^ith  the  amount  of  such  taxes,  special  taxes  and  special  assess- 
ments due  and  unpaid,  respectively,  thereon,  with  a  brief  descrip- 
tion of  the  nature  of  the  warrant  or  warrants  received  by  him 
authorizing  the  collection  thereof;  which  report  or  return  shall  be 
accompanied  with  the  oath  of  the  collector  that  the  list  is  a  cor- 
rect return  and  report  of  the  lands,  town  lots  and  real  property  on 
which  the  taxes,  special  taxes  and  special  assessments,  levied  by 
authority  of  the  city,  remain  due  and  unpaid ;  that  he  is  unable  to 
collect  the  same,  or  any  part  thereof,  and  that  he  has  given  the 
notice  required  by  law  that  said  warrants  had  been  received  by 
him  for  collection.  Said  report  or  return,  when  so  made,  shall  be 
prima  facie  evidence  that  all  the  forms  and  requirements  of  the  law  in 
relation  to  making  said  report  or  return  have  been  complied  with, 
and  that  the  taxes,  special  taxes  and  special  assessments  mentioned 
in  said  report  or  return  are  due  and  unpaid. 

§  16.  When  said  general  officer  shall  receive  the  report  or 
return  provided  tor  in  the  preceding  section,  he  shall  proceed  to 
obtain  judgment  against  said  lots,  parcels  of  land  and  property 
for  said  general  taxes,  special  taxes  and  special  assessments 
remaining  due  and  unpaid,  in  the  same  manner  as  may  be  by  law 
provided  for  obtaining  judgments  against  lands  for  taxes  due  and 
unpaid  the  county  and  state;  and  shall,  in  the  same  manner,  pro- 
ceed to  sell  the  same  for  the  said  general  taxes,  special  taxes  and 
special  assessments  remaining  due  and  unpaid.    In  obtaining  said 

(19) 


74 


cities  and  Villages j 


judgment  and  making  said  sale,  the  said  officer  shall  be  governed 
by  the  general  revenue  laws  of  this  state,  except  when  otherwise 
provided  herein*  And  the  city  council  may,  by  ordinance  or 
resolution,  fix  and  determine  the  term  of  the  county  court  at  which 
the  said  general  officer  shall  apply  for  judgment  against  the  said 
lots,  parcels  of  land  and  property :  Provided^  there  shall  be  but 
one  sale  in  any  one  year  for  any  general  taxes,  special  taxes  or 
special  assessments  levied  by  authority  of  such  city,  which  sale 
may  be  at  the  same  or  a  difierent  time  from  the  sale  for  state  and 
county  taxes,  as  the  city  council  may,  by  ordinance  or  resolution, 
provide,  Upon  any  such  application  for  judgment,  the  county 
court  shall  have  like  jurisdiction  and  powers,  and  like  proceedings 
shall  be  had,  as  near  as  may  be,  as  upon  application  for  judgment 
for  state  and  county  taxes )  and  upon  an  appeal  from  the  judgment 
of  the  county  court,  the  like  proceedings  shall  be  had  and  the  like 
jurisdiction  and  like  powers  shall  be  exercised  by  courts  and 
officers,  as  in  case  of  appeals  from  the  county  court  upon  applica- 
tions for  judgments  for  state  and  county  taxes  :  Provided,  however, 
that  no  appeal  shall  be  allowed  from  any  judgment  of  the  county 
court  against  any  property  returned  as  delinquent  under  this  act, 
unless  the  party  appealing  from  such  judgment  shall  first  give 
bond  with  two  sureties,  to  be  approved  by  the  court,  in  a  penalty 
at  least  double  the  amount  of  the  judgment,  interest  and  costs 
appealed  from,  conditioned  that  he  will  prosecute  his  appeal  with 
effect,  and  in  case  of  failure  therein,  pay  and  satisfy  such  city  the 
amount  of  the  judgment  appealed  from,  with  all  damages,  interest 
and  costs  which  such  city  may  have  sustained  by  reason  of  such 
appeal,  and  upon  the  affirming  of  such  judgment  of  the  couniy 
court  the  supreme  court  shall  render  judgment  for  twenty  per 
cent,  damages. 

§  17.  The  city  collector  shall  have  power  to  receive  and  col- 
lect any  of  the  general  taxes,  special  taxes  or  special  assessments 
mentioned  in  said  report  up  to  the  time  of  the  actual  sale  of  any 
such  lot,  parcel  of  land  and  property,  and  it  shall  be  his  duty 
forthwith  to  report  the  fact  of  such  payment  to  the  said  general 
officer,  who  shall  mark  the  same  paid  upon  his  books  and  upon 
said  report  (or  return)  :  Provided,  however,  the  city  collector  may 
close  his  office  for  the  payment  of  said  taxes  and  assessment  a 
sufficient  length  of  time  before  the  day  fixed  for  the  application 
lor  judgment  to  enable  such  general  officer  and  city  collector  to 
compare  and  correct  the  report  of  taxes  and  assessments  paid;, 
with  the  list  of  delinquent  property  returned  to  such  general 
sounty  officer. 

§  18.  It  shall  be  the  duty  of  the  city  treasurer  to  attend  to 
such  sale)  and  all  moneys  bid  and  paid* at  such  sale  for  any  such 
city  taxes,  special  taxes  or  special  assessments,  shall  be  paid  to  the 
treasurer  of  such  city,  and  no  other  person ;  and  it  shall  be  the  duty 
of  the  city  treasurer,-  upon  the  close  of  such  sale,  to  make  a  report 


CITIES  AND  VILLAGES* 


n 


to  the  city  comptroller  (if  there  be  one;  if  none,  to  the  city  clerk)) 
specifying  therein  the  lots,  parcels  of  land  and  property  upon  the 
sale  of  which  the  same  was  received,  and  a  description  of  the  lots* 
parcels  of  land  and  property  purchased  by  the  city.  The  city 
council  shall,  by  ordinance,  provide  for  the  payment  of  the 
expenses  of  such  sale,  and  shall  fix  the  compensation  to  said 
officer  for  making  the  sale,  which  shall  be  in  lieu  of  all  fees  there- 
for: Provided^  however,  there  shall  be  paid  such  general  officer  the 
same  fees  for  advertising,  making  list  for  the  printer,  and  making 
out  the  delinquent  list,  and  to  the  county  clerk  the  like  fees  as 
provided  to  be  paid  for  like  services  in  regard  to  property  delin- 
quent for  state  and  county  taxes,  which  said  fees  or  costs  shall  be 
extended  and  collected  against  the  lots,  land  and  real  property* 
as  in  case  of  property  delinquent  for  state  and  county  taxes. 

§  19.  After  making  said  sales,  the  record  and  list  of  lots, 
parcels  of  land  and  property  sold  thereat,  shall  remain  in  the 
hands  of  the  clerk  of  the  county  court,  and  redemption  shall  be 
made  as  provided  for  by  the  general  revenue  law  of  the  state. 

§  20.  All  the  provisions  of  the  general  revenue  law  of  this 
state  relating  to  the  redemption  or  deeding  of  any  property  so 
sold,  and  the  manner  of  obtaining  a  deed,  and  the  effect  of  the 
same,  shall  be  in  full  force  and  apply  to  all  sales  made  in  pursu- 
ance of  this  act. 

§  21.  If  the  collector  shall  receive  any  moneys  for  taxes  oi* 
assessments,  giving  a  receipt  therefor,  for  any  land  or  parcel  of 
land,  and  afterwards  return  the  same  as  unpaid,  to  the  general 
county  officer  authorized  to  sell  lands  for  taxes,  or  shall  receive 
the  same  after  making  such  return,  and  the  same  be  sold  for  tax 
or  assessment  which  has  been  so  paid  and  receipted  for  by  him- 
self or  his  clerks,  he  and  his  bond  shall  be  liable  to  the  holder  of 
the  certificate  given  to  the  purchasers  at  the  sale,  for  the  amount 
of  the  face  of  the  certificate,  and  fifty  per  cent,  additional  thereof^ 
to  be  demanded  within  two  years  from  the  date  of  the  sale,  and 
recovered  in  any  court  having  jurisdiction  of  the  amount. 

GENERAL  PROVISIONS. 

§  22.  The  city  council  of  any  city  shall  have  power  at  any 
time,  in  lieu  of  the  mode  herein  provided  for  the  assessment  and 
collection  of  general  city  taxes,  to,  by  resolution  or  ordinance, 
elect  to  certify  to  the  county  clerk  the  amount  or  amounts  required 
to  be  raised  by  taxation  upon  the  assessment  of  property  for 
state  and  county  taxes,  and  to  collect  the  taxes  for  said  city,  in 
the  manner  provided  for  in  the  general  revenue  laws  of  this  state, 
and  in  such  case  to  abolish  the  office  of  the  city  assessor  and 
the  city  collector:  Provided,  however,  that  nothing  in  this  section 
contained  shall  be  so  construed  as  to  prevent  such  corporation 
at  any  time  thereafter  from  providing  for  the  assessment  and  col' 


70 


CITIES  AND  VILLAGES. 


lection  of  taxes  by  ordinance,  and  in  the  manner  in  this  act  here- 
inbefore set  forth. 

§  23.  The  city,  council  may  in  their  discretion,  provide,  by 
ordinance,  for  the  appointment  of  a  city  tax  commissioner,  fix  his 
term  of  office  and  salary,  and  confer  upon  him  such  powers,  and 
provide  for  the  performance  of  such  duties  by  him  as  the  city 
council  may  deem  necessary  and  proper}  and  all  the  provisions  of 
this  act  relating  to  the  duties  of  the  city  clerk  or  the  powers  of  the 
city  clerk,  in  connection  with  the  assessment  of  property,  the 
equalization  of  such  assessments,  or  the  levy  or  collection  of  taxes, 
special  taxes  or  special  assessments,  shall  be  exercised  and  per- 
formed b}^  such  city  tax  commissioner,  if  there  be  one  appointed ; 
and  to  that  end  and  purpose  wherever  in  this  act  heretofore  the 
words  " city  clerk"  or  "clerk"  are  used,  they  shall  be  held  to 
mean  "city  tax  commissioner,"  and  whenever  "the  city  clerk's 
office"  or  "clerk's  office"  is  referred  to,  it  shall  be  held  to  mean 
"city  tax  commissioner's  office,"  and  the  term  "city  council"  shall 
be  held  to  include  the  common  council  of  any  city. 


ASSESSOES  AND  COLLECTOES. 

AN  ACT  in  regard  to  assessors  and  collectors  of  city  taxes  in  incorporated  cities. 

[Approved  and  in  force  April  25,  1873.]  / 

Section.  Section. 

1.    Appointment  of,  ad  interim.  2.  Emergency. 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly,  That  in  all  incorporated  cities,  in  this 
state  which  now  have  or  may  hereafter  be  vested  with  power  to 
make  an  assessment  of  property  for  taxation  for  city  purposes,  and 
in  which  there  is  or  may  be  no  city  assessor  authorized  to  make 
such  assessment,  and  no  city  collector  authorized  to  collect  city 
taxes  levied  by  any  such  city,  it  shall  and  may  be  lawful  for  the 
mayor  of  any  such  city  to  appoint,  by  and  with  the  consent 
of  the  legislative  authority  thereof,  a  city  assessor  and  a 
city  collector,  who  shall  hold  office  until  a  city  assessor  and  a  city 
collector  for  such  city  may  be  elected  and  qualified  in  the  manner 
provided  by  law;  and  such  city  assessor  and  city  collector  so 
appointed  shall  perform  like  duties,  have  like  powers,  and  give 
like  bonds,  as  provided  by  law  in  regard  to  such  officers  when 
elected  by  the  people. 

§  2.    It  being  important  that  all  incorporated  cities  in  this 
state  should  have  power  to  proceed  with  the  assessment  and  col- 
lection of  their  taxes  at  as  early  a  date  as  practicable,  an  emer- 4 
gency  has  arisen  requiring  this  act  to  take  effect  immediately  : 
therefore,  this  act  shall  be  in  force  from  and  after  its  passage. 


THE 


REVISED 


ORDINANCES 


—OF  TKE— 


City  of  Danville. 


PUBLISHED  BY  AUTHORITY  OF  THE  CITY  COUNCIL. 


COMPILED  AND  ARRANGED  BY 

Peter  Walsh  and  H.  P.  Blackburn. 


DANVILLE,  ILL.  : 
COMMERCIAL   STEAM  PRINT, 
1S76. 

(20) 


/ 


t 


RULES  OF  THE  CITY  COUNCIL 


OF  THE 

CITY  OF  DANVILLE. 


I.  The  mayor  shall  take  the  chair  at  the  hour  appointed  for 
the  council  to  meet,  and  immediately  call  the  council  to  order,  and 
at  the  instance  of  any  two  members  present,  compel  the  attend- 
ance of  absent  members.  And  in  case  of  the  non-attendance  of 
the  mayor  at  any  meeting,  the  board  of  aldermen  shall  appoint 
one  of  their  own  members  chairman,  who  shall  preside  at  that 
meeting,  and  shall  be  mayor  pro  tern. 

II.  A  majority  of  the  members  elect  shall  constitute  a  quo- 
rum for  the  transaction  of  business. 

III.  Order  of  business : 

First — The  reading  of  the  minutes  of  the  preceding  meeting, 
unless  dispensed  with,  and  their  amendment  or  correction. 

Second — Presentation  of  petitions  (which  shall  always  be  in 
writing),  claims  and  reports  of  officers. 

Third — Reports  of  standing  committees. 

Fourth — Eeports  of  special  committees. 

Fifth — Communications  to  the  council. 

Sixth — Unfinished  business  of  the  preceding  meeting. 

Seventh — New  business. 

IY.  All  questions  as  to  the  priority  of  business  shall  be  de- 
cided without  debate. 

Y.  The  mayor  shall  preserve  order  and  decorum,  and  shall 
decide  all  questions  of  order,  subject  to  an  appeal  to  the  council. 

YI.  While  a  question  is  being  put,  no  member  shall  walk 
across,  or  out  of  the  council  room. 

YII.  When  two  or  more  members  shall  address  the  mayor, 
he  shall  decide  who  is  first  to  speak. 

YIII.  No  member  shall  speak  more  than  twice  upon  the 
same  question,  nor  more  than  once  upon  the  "previous  question," 
without  leave  of  the  council,  nor  more  than  once  in  any  case,  until 
every  member  choosing  to  speak  shall  have  spoken. 


4 


RULES  OF  THE  CITY  COUNCIL. 


IX.  While  any  member  is  speaking,  no  member  shall  enter- 
tain any  private  discourse,  or  pass  between  him  and  the  mayor. 

X.  Every  member  previous  to  his  speaking,  shall  rise  and 
address:  "  Mr.  Mayor," — but  shall  not  proceed  until  recognized 
and  named  by  the  mayor. 

XI.  No  personalities  or  reflections  injurious  to  the  feelings 
of  an}^  member  or  the  harmony  of  the  council,  shall  be  tolerated, 
and  every  person  indulging  in  such  personalities  shall  be  called 
to  order  by  the  mayor. 

XII.  A  member  called  to  order  shall  immediately  sit  down, 
unless  permitted  by  the  council  to  explain.  If  he  appeals,  the 
council  shall  decide  the  matter  without  debate.  If  no  appeal  is 
taken,  the  decision  of  the  mayor  shall  be  conclusive. 

XIII.  When  a  question  is  stated,  every  member  present 
shall  vote,  unless  excused  by  the  council,  or  unless  directly  inter- 
ested, in  the  question,  in  which  case  he  shall  not  vote. 

XIV.  No  motion  shall  be  entertained  unless  seconded ;  when 
seconded  it  shall  be  stated  by  the  mayor,  and  if  any  member 
requires  it,  reduced  to  writing. 

XV.  When  a  motion  or  resolution  has  been  stated  by  the 
mayor,  it  shall  be  deemed  to  be  in  possession  of  the  council,  but 
may  be  withdrawn  at  any  time  before  a  decision  or  amendment. 

XVI.  If  a  question  under  consideration  contains  more  than 
one  distinct  proposition,  it  may  be  divided  on  the  request  of^Hy 
member. 

XVII.  When  a  blank  is  to  be  filled  and  different  sums  or 
times  proposed,  the  question  shall  first  be  put  upon  the  largest 
sum,  or  the  longest  time.  t 

XVIII.  VVhen  a  question  is  under  debate,  no  motion  shall 
be  received,  unless  for  the  previous  question,  to  postpone  indefi- 
nitely, to  adjourn  to  a  certain  day,  to  lay  on  the  table,  to  amend, 
or  to  adjourn  the  council. 

XIX.  A  motion,  for  the  "previous  question,"  to  lay  the 
question  on  the  table,  or  to  commit  it,  until  decided,  shall  preclude 
all  amendment  or  debate  of  the  mam  question;  and  a  motion  to 
postpone  a  question  indefinitely,  or  to  adjourn  to  a  certain  day, 
shall,  until  it  is  decided,  preclude  all  amendment  to  the  main 
question. 

XX.  The  "previous  question"  shall  be  put  as  follows: 
"  Shall  the  main  question  be  now  put?" 

XXI.  A  motion  to  adjourn  shall  always  be  in  order,  and 
shall  be  decided  without  debate. 

XXII.  In  all  cases  the  name  of  a  member  offering  a  resolu- 
tion or  motion,  shall  be  entered  with  it,  upon  the-journal. 

XXIII.  The  yeas  and  nays  shall  be  taken  on  the  passage  of 
every  ordinance,  and  be  entered  upon  the  journal  ;  and  if  any 
member  require  it,  upon  any  question  before  the  council,  but  shall 
not  be  taken  unless  called  for  previous  to  the  taking  of  the  vote. 


RULES  OF  THE  CITY  COUNCIL. 


5 


XXIY.  No  ordinance  shall  be  repealed  or  passed,  or  contract 
or  appropriation  made,  unless  by  a  vote  of  a  majority  of  the  board. 

XXY.  All  committees  shall  be  appointed  by  the  mayor,  unless 
unless  otherwise  directed  by  the  council,  in  which  case  they  shall 
be  appointed  by  ballot. 

XX YI.  Committees  to  whom  any  subject  may  be  referred, 
shall  report  in  writing,  addressed  to  the  city  council  of  the  city 
of  Danville. 

XXYII.  The  city  clerk  shall  forward  all  papers  to  the  appro- 
priate committees  and  officers,  as  early  as  the  next  day  after  the 
reference  shall  be  made,  by  the  city  marshal,  who  shall  deliver 
them. 

XXYIII.  The  standing  committees  of  the  council  shall  be  as 
follows  :  On  Streets  and  AJJeys,  Public  Buildings  and  Grounds, 
to  be  composed  of  three  members )  on  Schools,  similarly  constitu- 
ted ;  on  Claims,  of  three  members ;  on  Fire  and  Water,  of  three 
members;  on  Police,  of  three  members;  on  Markets,  of  three 
members.  Such  committees  shall  be  appointed  by  the  mayor  or 
presiding  officer,  or  mayor  pro  tern.,  annually,  at  the  first  stated 
meeting  of  the  year.  The  first  named  of  each  committee  shall  be 
chairman. 

XXIX.  ISTo  petition  for  the  remission  of  a  fine  under  any 
ordinance  of  the  city,  shall  be  considered  after  reception,  without 
a  vote  of  two-thirds  of  the  council,  or  without  said  petition  is 
signed  by  the  police  magistrate,  or  the  jury  imposing  the  fine,  or 
the  city  attorney. 

XXX.  Every  proposition  involving  the  expenditure  of 
money,  shall  be  referred  to  an  appropriate  standing  committee, 
and  a  report  thereon  made  to  the  council  by  said  committee  before 
the  council  vote  upon  the  expenditure 

XXXI.  Special  meetings  may  be  called  and  held  by  notifica- 
tion to  each  member  of  the  council,  served  personally  or  left  at 
his  usual  place  of  abode,  stating  the  object  and  purpose  of  such 
meeting,  and  no  business  shall  be  transacted  at  such  special  meet- 
ing, except  such  as  the  meeting  was  called  for  and  notification 
given  thereof. 

XXXII.  The  city  marshal,  or  some  one  appointed  by  him,  at 
his  own  cost,  shall  attend  all  meetings  of  the  city  council,  and 
execute  all  their  orders,  and  shall  keep  the  council  room  in  order 
and  prepare  the  same  for  the  meetings  of  the  council,  and  extin- 
guish the  lights  and  fires,  and  close  the  same  upon  adjournment. 
He  shall,  when  required  by  the  mayor,  or  any  two  aldermen, 
deliver  notice  of  any  special  meeting  to  each  member  of  the 
council,  or  leave  the  same  at  his  usual  residence. 

XXX.  The  foregoing  rules,  or  any  of  them,  shall  not  be 
repealed  or  annulled,  amended,  abridged,  modified,  or  suspended, 
except  by  a  vote  of  the  majority  of  the  council. 

Adopted  May  16th,  1867. 

(21) 


\ 


AN  ORDINANCE 


FOR  REVISING  AND  CONSOLIDATING  THE  GENERAL  ORDINANCES  OF  THE 
CITY  OF  DANVILLE. 

Whereas,  It  is  expedient  that  the  General  Ordinances  of  this  City 
should  be  consolidated  and  arranged  in  appropriate  chapters 
and  sections,  and  that  a  digest  of  the  whole  should  be  made, 
therefore: 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville  in  manner  fol- 
lowing,  that  is  to  say. 


CHAPTEK  L 

ACCOUNTS. 

Section. 

1,    Accounts  must  be  certified  or  sworn  to. 

§  1.  No  account  or  claim  against  the  city  of  Danville,  except 
for  the  salaries  of  its  officers,  or  for  the  payment  of  a  special  con- 
tract made  by  the  city  council,  or  by  some  officer  of  the  city 
authorized  by  them  or  by  ordinance  to  make  the  same,  or  for  the 
payment  of  fee  bills  of  officers  of  courts,  shall  be  considered, 
audited  or  allowed ;  nor  shall  any  warrant  issue  for  the  payment 
thereof,  unless  the  person  presenting  the  same,  or  some  other 
credible  person  for  him,  shall  make  oath  before  some  person  duly 
authorized  to  administer  oaths  before  filing  such  claim  or  account, 
that  it  is  "true,  just,  correct  and  reasonable;"  and  no  claim  or 
account  on  any  contract  made  by  any  officer  of  said  city  shall  be 
allowed,  unless  certified  to  by  the  officer  making  the  same,  that  it 
is  "true,  just,  correct  and  reasonable." 


8 


ORDINANCES  OF  THE  CITY  OP  DANVILLE. 


CHAPTEE  II. 

ADDITIONS. 

Section.  Section. 

1.    Additions  must  conform  to  and  cor-    2.    Penalty  for  not  laying  out  as  re- 
respond  with  established  streets  quired, 
and  alleys. 

§  1.  Any  addition  which  may  hereafter  be  made  to  the  city 
of  Danville,  or  any  lands  adjoining  or  within  the  same,  which  may 
be  laid  out  into  lots  or  blocks,  shall  be  so  laid  out,  surveyed  and 
platted,  that  the  blocks  or  other  subdivisions  thereof  shall  conform 
to  the  regular  blocks  of  the  original  town  plat,  or  with  the  regu- 
lar blocks  of  the  additions  adjoining  such  lands  or  additions  so 
proposed  to  be  laid  out,  and  the  streets  and  alleys  shall  corres- 
pond with,  and  conform  to  the  previously  established  streets  and 
alleys  with  which  they  may  connect,  and  continue  the  same. 

§  2.  Any  person  who  shall  survey  or  plat  any  addition  to 
the  city  of  Danville,  or  any  lands  adjoining  or  within  the  same, 
into  blocks  or  other  subdivisions,  with  the  streets,  alleys  or  blocks 
laid  out  contrary  to  the  provisions  of  the  preceding  section,  or 
any  owner  of  any  such  lands  or  addition,  or  agent  <^f  such  owner, 
causing  the  same  to  be  done,  shall  be  subject  to  a  penalty  of  not 
more  than  one  hundred  dollars,  and  such  owner  or  his  agent  shall 
pay  an  additional  penalty  of  not  less  than  fifty  dollars  and  not 
exceeding  one  hundred  dollars,  for  each  of  such  lots  sold  by  him. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


9 


CHAP  TEE  III. 

ANIMALS. 

Section.  Section. 

1.  Horses,  jacks,  colts,  etc.,  at  large,  13.  Power  of  citizens  to  impound. 

a  nuisance.  14.  Duty  of  pound  keeper. 

2.  Violation,  penalty.  15.  Duty  of  magistrate ;  sale. 

3.  Cattle  at  large,  nuisance.  16.  Redemption. 

4.  Violation  of  section  three,  penalty.  17.  Breaking  pound,  penalty. 

5.  Cows  at  large,  when.  18.  Obstructing  persons  impounding. 

6.  Violation,  penalty.  19.  Fees  of  officers. 

7.  Hogs  at  large,  nuisance.  20.  Pound  keepers  to  report. 

8.  Violation,  penalty.  21.  Duty   of  officer  impounding;  of 

9.  Sheep,  goats,  geese  at  large.  magistrate,  etc. 

10.  Violation,  penalty.  22.  Fees  of  magistrate. 

11.  Pounds  provided.  23.  Order  of  sale,  etc. 

12.  Duty  of  police. 

§  1.  No  horse,  mare,  gelding,  colt,  filly,  mule,  jack  or  jennet 
shall  be  permitted  to  run  or  to  be  found  at  large  within  the  cor- 
porate limits  of  the  city  of  Danville,  and  that  the  running  or  being 
at  large  of  any  such  animal  within  the  limits  aforesaid,  is  hereby 
declared  to  be  a  nuisance. 

§  2.  That  if  any  person  being  the  owner,  or  having  the  care, 
keeping  or  control  of  any  horse,  mare,  gelding,  colt,  filly,  mule, 
jack  or  jennet,  shall  suffer  or  permit  the  same  to  run  or  to  be  at 
large,  or  to  be  found  at  large  contrary  to  the  provisions  of  section 
1  of  this  ordinance,  he  shall  be  subject  to,  and  shall  pay  a  penalty 
of  not  less  than  two  dollars,  nor  more  that  fifty  dollars  in  every 
case. 

§  3.  That  no  bull,  bullock,  steer  or  heifer,  shall  be  permitted 
to  run,  or  to  be,  or  to  be  found  at  large,  within  the  corporate 
limits  of  the  city  of  Danville;  and  that  the  running  or  being  at 
large  of  any  such  animal  within  the  limits  aforesaid,  is  hereby 
declared  to  be  a  nuisance. 

§  4.  That  if  any  person,  being  the  owner,  or  having  the  care, 
keeping  or  control,  of  any  bull,  bullock,  steer  or  heifer,  shall 
suffer  or  permit  the  same  to  run,  or  or  be,  or  to  be  found  at  large, 
contrary  to  the  provisions  of  section  3  of  this  ordinance,  he  shall ' 
be  subject  to,  and  shall  pay  a  penalty  of  not  less  than  two  dollars, 
nor  more  than  fifty  dollars  in  each  case. 

§  5.  That  no  milch  cow,  or  cow  of  any  kind  shall  be  per- 
mitted to  run,  or  to  be,  or  to  be  found  at  large,  within  the  corpo- 
rate limits  of  the  city  of  Danville,  between'  the  first  day  "of 
November  and  the  first  day  of  April  in  each  year,  and  that  the 
running  or  being  at  large  of  any  such  animal/ within  the  limits 
aforesaid,  between  the  times  aforesaid,  is  hereby  declared  to  be  a 
nuisance. 


10 


ORDINANCES  OF  THE  CITY  OP  DANVILLE. 


§  6.  That  if  any  person,  being  the  owner,  or  having  the 
care,  keeping  or  control  of  any  milch  cow,  or  cow  of  any  kind, 
shall  suffer  or  permit  the  same  to  run,  or  to  be,  or  to  be  found  at 
large,  contrary  to  the  provisions  of  section  5  of  this  ordinance,  he 
shall  be  subject  to,  and  shall  pay  a  penalty  of  not  less  than  one, 
nor  more  than  fifty  dollars  in  each  case. 

§  7.  That  no  hog,  sow,  shoat  or  pig,  shall  be  permitted  to 
run,  or  to  be,  or  to  be  found  at  large,  within  the  corporate  limits 
of  the  city  of  Danville,  and  that  the  running  or  being  at  large  of 
any  such  animal,  within  the  limits  aforesaid,  is  hereby  declared  a 
nuisance. 

§  8.  That  if  any  person,  being  the  owner,  or  having  the  care, 
keeping  or  control,  of  any  hog,  sow,  shoat  or  pig,  shall  suffer  or 
permit  the  same  to  run,  or  to  be,  or  to  be  found  at  large,  contrary 
to  the  provisions  of  section  7  of  this  ordinance,  he  shall  be  subject 
to,  and  shall  pay  a  penalty  of  fifty  cents  for  each  hog,  and  ten 
cents  for  each  sucking  pig,  in  each  case. 

§  9.  That  no  sheep,  goat  or  goose  shall  be  permitted  to  run, 
or  to  be,  or  to  be  found  at  large,  within  the  corporate  limits  of  the 
city  of  Danville,  and  that  the  running  or  being  at  large,  of  any 
such  animal,  within  the  corporate  limits  aforesaid,  is  hereby 
declared  a  nuisance. 

§  10.-  That  if  any  person,  being  the  owner,  or  having  the 
care,  keeping  or  control  of  any  sheep,  goat  or  goose,  shall  suffer 
or  permit  the  same  to  run,  or  to  be,  or  to  be  found  at  large,  con- 
trary to  the  provisions  of  section  9  of  this  ordinance,  he  shall  be 
subject  to,  and  pay  a  penalty  of  fifty  cents  for  each  sheep  or  goat, 
and  ten  cents  for  each  goose,  in  every  case. 

§  11.  That  the  city  council  shall  provide,  in  the  said  city  of 
Danville,  a  pound  or  pounds,  to  be  placed  under  the  care  and 
direction  of  one  or  more  of  the  police  officers  of  said  city,  as  the 
city  council  shall  by  .order  direct;  and  that  such  police  officer  or 
officers  shall  be  deemed,  respected  and  obeyed  as  pound  keeper 
or  pound  keepers,  as  the  case  may  be. 

§  12.  That  it  shall  be  the  duty  of  the  city  marshal,  and  of 
any  policeman  or  watchman,  of  said  city  of  Danville,  to  take  up 
and  impound  any  animal  known,  or  credibly  reported  to  him,  to 
be  at  large,  contrary  to  the  provisions  of  this  ordinance,  and  to 
cause  suit  to  be  instituted  against  the  owner  or  person  having  the 
care,  keeping  or  control  of  any  such  animal  j  and  for  each  refusal 
or  neglect  so  to  do,  such  marshal,  policeman  or  watchman  so 
refusing  or  neglecting,  shall  be  subject  to,  and  shall  pay  a  penalty 
of  not  less  than  ten,  nor  more  than  fifty  dollars. 

§  13.  That  it  shall  be  lawful  for  any  citizen  of  the  said  city 
of  Danville  to  take  up  any  animal  running  at  large,  contrary  to 
the  provisions  of  this  ordinance,  and  deliver  the  same  to  any 
pound  keeper  of  the  said  city,  and  to  institute  or  cause  to  be  in- 
stituted, suit  against  the  owner  or  person  having  the  care,  keep- 


ORDINANCES  OP  THE  CITY  OF  DANVILLE. 


11 


ing  or  control  of  any  such  animal  running  or  being  at  large. 

§  14.  That  it  shall  be  the  duty  of  the  pound  keeper  or  pound 
keepers,  as  the  case  may  be,  to  receive  and  impound  all  animals 
taken  up  in  pursuance  of  the  provisions  of  this  ordinance,  to  take 
care  of  and  provide  sustenance  for  all  animals  impounded,  to  de- 
liver to  the  owners  or  persons  having  the  care,  keeping  or  control 
thereof,  all-  such  animals  as  may  be  redeemed  by  the  owner 
or  owners,  or  person  or  persons  having  the  care,  keeping 
or  control  of  the  same  before  sale  thereof,  and  if  any  such 
animals  are  not  redeemed  within  twenty-four  hours  after 
the  same  are  impounded,  then  forthwith  (Sundays  excepted) 
after  the  expiration  of  the  said  twenty-four  hours,  to  post  four 
notices,  one  on  the  front  door  of  the  city  building  and  the  other 
three  in  three  of  the  most  public  places  in  said  city  of  Danville, 
which  notice  shall  contain  a  description  of  the  animal  or  animals 
impounded,  when  the  same  was  or  were  taken  up,  where  the 
same  is  or  are  impounded,  and  a  summons  to  the  owner  or 
owners  thereof,  or  the  j)erson  or  persons  having  the  care,  keep- 
ing or  control  of  the  same,  to  appear  before  the  police  magistrate 
of  the  said  city  of  Danville  on  a  certain  day  and  a  certain  hour, 
therein  named,  and  pay  all  costs  and  expenses  incurred  by  reason 
of  such  animal  or  animals  running  or  being  at  large,  contrary  to 
the  provisions  of  this  ordinance,  or  show  cause  why  the  same 
should  not  be  sold  to  satisfy  the  costs  and  expenses  aforesaid. 
That  the  said  da}^  and  hour  be  made  to  correspond  with  the  return 
day  of  the  summons  in  case. 

§  15.  That  if  the  owner  or  owners,  or  person  or  persons, 
having  the  care,  keeping  or  control  of  any  animal  or  animals  im- 
pounded as  aforesaid,  shall  appear  before  the  police  magistrate, 
at  the  time  specified  in  the  summons  contained  in  the  notice  pro- 
vided in  section  14  of  this  ordinance,  and  the  summons  in  the 
case,  or  it  appears  from  the  summons  in  case  that  there  has  been 
personal  service,  the  said  police  magistrate  shall  proceed  to  hear 
the  case,  and  shall  render  judgment  according  to  law  ;  that,  in  case 
such  judgment  be  in  favor  of  the  said  city  of  Danville,  and  the 
defendant  or  defendants  fail  to  pay  the  same,  together  with  the 
costs  thereof,  that  such  animal  or  animals  impounded  as  afore- 
said, be  sold  under  special  execution  in  the  same  manner  that 
property  attached  under  the  general  law  is  sold,  and  the  proceeds 
of  such  sale  applied  in  satisfaction  of  such  judgment  and  costs;  and 
that  if  the  owner  or  owners,  or  person  or  persons  having  the 
care,  keeping  or  control  of  any  animal  or  animals  impounded  as 
aforesaid,  do  not  appear  before  the  police  magistrate  at  the  time 
specified  in  such  notices  and  in  the  summons  in  the  case,  and  there 
has  been  no  personal  service,  he  shall  continue  the  case  for  five 
days,  issue  another  summons,  and  order  notices  as  aforesaid 
posted,  and,  on  the  day  to  which  the  case  was  continued,  or  as 
soon  thereafter  as  convenient,  he  shall  proceed  to  hear  the  case 


12 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


and  render  judgment  as  aforesaid,  whether  such  owner  or  owners, 
person  or  persons  appear  or  do  not  appear,  and  shall  order  such 
animal  or  animals  impounded  as  aforesaid,  sold  as  aforesaid. 

§  16.  That  at  any  time  before  sale  of  such  animal  or  animals, 
impounded  as  aforesaid,  the  owner  or  owners  thereof,  or  the  per- 
son or  persons  having  their  care,  keeping  or  control  may  release 
the  same  by  paying  to  the  pound  keeper  such  sums  as  he  may  be 
entitled  to  receive  for  fees  and  sustenance,  and  the  expenses  and 
costs  incurred,  under  the  provisions  of  this  ordinance. 

§  17.  That  if  any  person  shall  break  open,  or  in  any  manner, 
directly  or  indirectly,  aid  or  assist,  or  counsel  or  advise,  the 
breaking  open  of  any  city  pound,  such  person  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  subject  to  and  shall  pay  a 
penalty  of  not  less  than  ten,  and  not  exceeding  two  hundred  dol- 
lars, in  every  case. 

§  18.  That  if  any  person  shall  hinder,  delay  or  obstruct  any 
person  or  persons  in  taking  to  any  city  pound  any  animal  or 
animals  liable  to  be  impounded,  he  shall  be  subject  to  and  shall 
pay  a  penalty  of  not  less  than  five,  and  not  exceeding  fifty  dollars 
in  every  case.  . 

§  19.  The  city  marshal,  policeman  and  watchman  may 
charge  and  receive  the  following  fees  for  services  under  the  pro- 
visions of  this  ordinance,  that  is  to  say:  For  taking  up  and 
impounding,  the  following  fees:  For  each  swine  (sucking  pig 
excepted)  the  sum  of  twenty-five  cents.  For  each  sucking  pig  the 
sum  of  ten  cents.  For  each  horse,  mare,  gelding,  colt,  filly,  mule, 
jack  or  jennet,  the  sum  of  fifty  cents.  For  each  bull,  bullock, 
steer,  heifer  or  milch  cow,  the  sum  of  fifty  cents.  For  each  sheep, 
goat  or  goose,  the  sum  of  ten  cents.  For  advertising  under  the 
provisions  of  the  ordinance  to  which  this  is  an  amendment,  for 
each  horse,  mare,  gelding,  colt,  filly,  mule,  jack,  jennet,  bull, 
bullock,  steer,  heifer  or  milch  cow,  the  sum  of  twenty-five  cents. 
For  each  hog,  sow,  shoat,  pig,  goat  or  goose,  the  sum  of  ten  cents. 
For  providing  sustenance  under  the  ordinance  to  Which  this  is  an 
amendment,  for  each  day  and  part  of  a  day,  for  each  horse,  mare, 
gelding,  colt,  filly,  mule,  jack,  jennet,  bull,  bullock,  steer,  heifer 
or  milch  cow,  the  sum  of  fifty  cents.  For  each  sw^ine  (sucking 
pig  excepted),  sheep  or  goat,  the  sum  of  twenty-five  cents.  For 
each  sucking  pig  and  goose,  the  sum  often  cents.  For  selling  any 
of  the  aforementioned  animals  under  the  ordinance  to  which  this 
is  an  amendment,  for  each  horse,  mare,  gelding,  colt,  filly,  mule, 
jack,  jennet,  bull,  bullock,  steer,  heifer  or  milch  cow,  the  sum  of 
one  dollar.  For  each  swine  (sucking  pig  excepted),  sheep  or 
goat,  the  sum  of  twenty-five  cents.  For  each  sucking  pig  and 
goose,  the  sum  of  ten  cents.  There  shall  also  be  taxed  as  a  pound 
fee  for  each  animal  impounded  under  the  provisions  of  this  ordi- 
nance as  follows,  to-wit :  For  each  horse,  mare,  gelding,  colt,  filly, 
mule,  jack,  jennet,  bull,  bullock,  steer,  heifer  or  milch  cow,  the 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


13 


sum  of  fifty  cents.  For  each  swine  (sucking  pig  excepted),  sheep 
or  goat,  the  sum  of  twenty-five  cents.  For  each  sucking  pig  and 
goose,  the  sum  of  ten  cents,  which  pound  fee,  together  with  all 
other  moneys  remaining  in  the  hands  of  the  aforementioned  offi- 
cers, after  the  payment  of  their  own  fees,  when  collected,  shall  be 
paid  over  to  the  police  magistrate. 

§  20.  That  each  pound  keeper  shall  render  to  the  city  coun- 
cil, monthly,  a  full  statement  on  oath,  of  the  animals  by  him 
received  and  impounded,  of  those  redeemed,  of  those  sold,  and  the 
amount  of  the  sales  thereof,  respectively,  and  of  the  moneys 
received  by  him  as  such  pound  keeper  during  each  month. 

§  21.  That  whenever  any  animal  is  impounded  under  the 
provisions  of  this  ordinance,  the  marshal,  policeman  or  watchman 
impounding  the  same,  shall  forthwith  report  the  case  to  the  police 
magistrate,  together  with  the  name  of  the  owner  or  owners,  or 
person  or  persons  having  the  care,  keeping,  or  control  of  the 
same,  if  known;  that  the  police  magistrate  shall  docket  the  case 
and  issue  a  summons,  returnable  in  three  days,  commanding  such 
owner  or  owners,  or  person  or  persons  having  the  care,  keeping 
or  control  of  such  animal  or  animals,  impounded  as  aforesaid,  to 
appear  and  redeem  such  animal  or  animals,  according  to  the  pro- 
visions of  this  ordinance,  or  show  cause  why  the  same  should  not 
be  sold  as  herein  provided;  and  that  the  police  magistrate,  in  case 
notices  have  been  duly  posted  as  hereinbefore  provided,  shall 
have  jurisdiction,  and  shall  proceed  to  hear  the  case  as  aforesaid, 
and  render  judgment  as  aforesaid,  although  there  has  been  no  per- 
sonal service.  Provided,  however,  that  such  judgment  shall  only  be 
for  the  costs  and  expenses  of  impounding  such  animal  or  animals, 
and  the  costs  of  suit.  And  provided  further,  that  the  owner,  or 
person  having  the  care,  keeping  or  control  of  any  such  animal  or 
animals  shall  not  by  reason  of  such  judgment  for  costs  and 
expenses  of  impounding  the  same  and  costs  of  such  suit,  be  ex- 
empt from  an  action  to  recover  the  penalty  incurred  by  reason  of 
such  animal  or  animals  running  at  large,  contrary  to  the  pro- 
visions of  this  ordinance. 

§  22.  In  all  cases  under  this  ordinance,  the  police  magistrate 
shall  be  allowed  the  same  fees  for  docketing  suits  and  issuing  pro- 
cess of  all  kinds,  and  for  other  services,  as  are  now  provided  by 
the  statute  in  civil  cases,  to  be  taxed  and  collected  as  is  now  pro- 
vided by  ordinance  and  statute. 

§  23.  In  all  cases  arising  under  this  ordinance,  when  a  sale 
of  any  of  the  animals  herein  mentioned  shall  become  necessary, 
the  police  magistrate  shall  issue  an  order  of  sale  as  in  cases  of 
attachment,  and  the  officers  executing  the  same  shall  file  in  the 
office  of  the  police  magistrate  copies  of  all  the  notices  that  may 
have  been  served  or  posted  in  a  given  case. 


(23) 


14 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


CHAPTEE  IY. 

AUCTIONS. 

Section.  Section. 

1.  Auction  sales,  etc. ; license;  charge;    5.    Accounts  to  be  on  oath. 

bond;  time.  6.  Exemption  from  duties. 

2.  Application  for  license;  transfer.  7.  Duty  of  city  clerk. 

3.  Penalty  for  selling  without  license.  8.  Sales  in  streets. 

4.  Duties  on  sales  ;  accounts. 

§  1.  All  sales  of  goods  and  chattels  or  personal  property  at 
public  vendue,  except  such  as  are  made  under  and  by  virtue  of 
legal  process,  within  said  city,  shall  be  made  by  an  auctioneer,  his 
copartner,  or  clerk,  who  shall  first  have  obtained  a  license  in 
accordance  with  the  ordinances  of  the  city  of  Danville,  in  relation 
to  licenses  in  general,  and  shall  have  paid  therefor  to  the  city 
clerk  at  the  rate  of  fifty  dollars  per  year,  or  shall  have  executed 
a  bond  to  said  city,  with  security  to  the  satisfaction  of  the  mayor, 
in  the  penal  sum  of  one  thousand  dollars,  conditioned  for  the  pay- 
ment of  all  duties  that  are,  or  may  be  imposed  by  this  ordinance, 
or  any  subsequent  ordinance  on  sales  made  by  him,  or  by  any  per- 
son for  or  under  him  and  for  the  prompt  payment  of  all  moneys  and 
delivery  of  all  goods  that  may  come  into  his  hands  in  his  business 
to  the  persons  entitled  to  receive  the  same,  said  license  to  be  in 
force  for  the  time  specified  in  said  license,  and  not  to  exceed  one 
year  from  the  date  thereof :  Provided,  that  no  license  shall  be 
issued  for  a  less  amount  than  ten  (10)  dollars. 

§  2.  Every  person  who  may  wish  to  obtain  a  license  as 
above  mentioned,  shall  apply  in  writing  for  the  same  to  the  mayor, 
setting  forth  therein  the  proposed  place  of  business,  and  the  name 
or  names  of  his  security  or  securities,  and  in  no  case  shall  the  said 
license  be  transferable  or  the  place  of  business  changed,  except 
by  leave  of  the  mayor  indorsed  on  said  license. 

§  3.  Any  person  or  persons  who  shall  sell  or  attempt  to  sell 
at  public  vendue  in  said  city,  any  goods,  chattels  or  personal 
property  whatever,  except  under  and  by  virtue  of  legal  process, 
without  first  having  obtained  a  license  therefor,  as  above  required, 
shall  forfeit  and  pay  for  each  offense  the  sum  of  fifty  dollars. 

§  4.  A  duty  of  one  per  cent,  shall  be  assessed  and  paid  to  the 
city  treasurer  on  the  first  day  of  August,  November,  February  and 
May,  in  each  year,  upon  all  sales  of  goods,  chattels  and  personal 
property  made  by  an  auctioneer  as  aforesaid,  during  the  preced- 
ing quarter  year,  and  each  auctioneer  shall  at  the  same  time 
render  an  account  to  the  city  clerk  of  such  sales,  and  the  duties 
that  may  have  accrued  thereon,  accompanied  by  the  receipt  of  the 
treasurer  for  such  duties,  and  for  a  failure  to  do  so  for  the  space  of 
ten  days  after  the  expiration  of  the  quarter,  his  license  may  be 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


15 


declared  forfeited,  and  such  auctioneer  shall  be  subject  to  a  further 
penalty  of  five  dollars  for  each  and  every  day  such  duties  and 
accounts  shall  be  withheld. 

§  5.  Every  account  rendered  shall  have  an  oath  or  affirma- 
tion attached  thereto,  signed  by  the  said  auctioneer,  his  copartner 
or  clerk,  setting  forth  in  substance  that  the  same  contains  a  true, 
correct  and  accurate  statement  of  the  amount  of  all  sales  at  public 
auction  made  by  said  auctioneer,  or  by  any  one  for  his  benefit, 
with  the  duties  thereon  imposed  by  the  city  of  Danville,  and  that 
no  misrepresentations,  subterfuges  or  deceit  have  been  used  by 
them,  whereby  to  defraud  the  said  city,  either  in  the  sales  made  or 
in  the  accounts  rendered. 

§  6.  The  following  described  articles  shall  be  exempt  from 
duty,  and  shall  be  so  marked  in  the  account  rendered  by 
auctioneers,  viz :  1st,  utensils  of  husbandry  and  neat  cattle  and 
horses ;  2d,  articles  belonging  to  the  United  States  j  3d,  the  effects 
of  a  deceased  person  when  sold  by  order  of  the  executor,  adminis- 
trator or  any  court,  and  the  effects  of  any  bankrupt  or  insolvent 
person  when  sold  by  order  of  assignee. 

§  7.  The  city  clerk  shall  file  and  examine  each  quarterly  re- 
turn, and  shall  report  the  same  to  the  council  at  the  next  regular 
meeting  after  such  return,  and  shall  furnish  the  names  of  delin- 
quents to  the  city  attorney. 

§  8.  Any  auctioneer  having  a  license,  as  aforesaid,  his  co- 
partner or  clerk  may  sell  at  public  auction  within  any  of  the 
streets  or  alleys,  squares  or  commons  of  the  city,  any  horses, 
mules,  cattle,  or  any  wagon,  carriage,  or  other  vehicle,  or  any 
article  to  cumbrous  to  be  removed  to  his  place  of  business,  by 
obtaining  written  permission  from  the  mayor  ;  but,  except  as 
herein  provided,  no  article  shall  be  sold  at  public  vendue  by  such 
persons,  on  the  streets,  alleys,  public  squares  or  commons  as 
aforesaid. 


16 


ORDINANCES  OP  THE  CITY  OF  DANVILLE. 


CHAPTEE  V. 


BILLIARD  TABLES,  BALL  ALLEYS,  AC. 


Section. 


Section. 


1.    No   person    shall    keep   without    3.    Keeper  not  to  permit  any  m  o 


§  1.  No  person  shall  keep,  for  his  gain,  any  billiard  table,  or 
bagatelle  table,  or  pigeon-hole  table,  or  ball  or  pin  alley,  without 
a  license  therefor,  under  a  penalty  of  not  less  than  five  dollars 
and  not  exceeding  two  hundred  dollars,  for  each  person  who  may 
be  permitted  to  play  thereon. 

§  2.  There  shall  be  taxed  and  collected  for  license  to  keep  a 
billiard  table  for  one  year,  fifteen  dollars  for  one  table,  and  ten 
dollars  for  each  additional  table.  There  shall  be  taxed  and  col- 
lected for  license  to  keep  a  pin  or  ball  alley,  for  one  year,  fifteen 
dollars  for  one  alley,  and  five  dollars  for  each  additional  alley.  Ten 
dollars  per  annum  shall  be  taxed  and  collected  for  each  bagatelle 
or  pigeon-hole  table. 

§  3.  No  keeper  of  a  billiard  table,  or  ball  or  pin  alley,  shall 
suffer  or  permit  any  minor  to  frequent  or  loiter  about  the  prem- 
ises occupied  by  him,  or  to  play  or  roll  upon  his  table  or  tables, 
without  the  previous  consent  of  the  parent,  master  or  guardian  of 
such  minor;  nor  shall  sell  or  deliver  any  intoxicating  liquors 
contrary  to  the  ordinances  of  the  city,  nor  shall  suffer  or  permit 
any  riotous,  noisy  or  disorderly  conduct  upon  the  premises  occu- 
pied by  him,  to  the  disturbance  or  annoyance  of  the  neighborhood, 
or  of  others,  under  a  penalty  of  not  less  than  fifteen  dollars  and 
not  exceeding  one  hundred  dollars,  and  a  forfeiture  of  his  license. 


license — penalty  for  keeping 
without  license. 


frequent,  nor  to  permit  disor- 
derly conduct,  nor  to  sell  into 
icating  liquors. 


2.  Charge  for  license  on  billiard  ta- 
ble—  on  bagatelle  table  —  pin 
alley,  &c. 


o 


CHAPTEE  VI. 


CEMETERY. 


Section.  Section. 

1.    No  dead  body  to  be  buried  in  old    2.    Destroying  property,  &c. 
cemetery — penalty. 


§  1.  No  dead  body  shall  be  buried  in  all  that  part  of  the 
south-east  quarter  of  section  five,  and  that  part  of  the  north-east 
quarter  of  section  eight,  all  in  township  nineteen  north,  range 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


17 


eleven  -         and  which  are  recorded  in  book  "E,"  page  129,  and 
page  374,  of  the  records  of  deeds  of  Vermilion  county, 
heretofore  set  apart  for  the  burial  of  the  dead,  and 
.  n  and  distinguished  as  the  "  old  cemetery/'  and  any  person 
or  persons  who  shall  bury  or  attempt  to  bury  any  dead  body  in 
said  "  old  cemetery,"  aforesaid,  shall  severally  be  subject  to  a  fine 
of  not  less  than  ten  dollars,  and  not  exceeding   one  hundred 
dollars. 

§  2.  Whoever  shall  carry  away  or  remove,  or  shall  will- 
fully, maliciously  or  negligently  break,  deface,  destroy,  or  other- 
wise injure  any  monument,  tomb  stone,  tree,  shrub,  railing,  fence 
or  any  other  property,  or  article,  or  thing  belonging  to  any  ceme- 
tery or  burying  ground  within  the  city,  or  placed  or  erected 
therein  for  ornament  or  otherwise,  or  shall  trespass  upon  or  mal- 
treat any  grave  therein,  shall  be  subject  to  a  penalty  of  not  less 
than  ten  dollars,  and  not  exceeding  one  hundred  dollars  j  and  in 
addition  thereto  the  expenses  which  may  be  incurred  in  repairing 
the  injuries  committed,  shall  be  added  to  the  penalty  and  included 
in  the  judgment. 


■o- 


CHAPTEE  VII. 

DOGS. 

Section.  Section. 

1.  Tax.  7.    Fees  of  clerk. 

2.  Owner  to  collar  dog.  8.    Marshal  to  keep  list. 

3.  Dog  at  large  not  collared,  &c,  a    9.    Term  dog  defined. 

nuisance.  10.  Penalty  for  resisting  officer,  &c. 

4.  Marshal  to  impound,  &c.  11.  In  case  of  hydrophobia. 

5.  Owner  may  reclaim.  12.  Bitch  in  heat,  &c. 

6.  Fees  of  Marshal,  &c.  13.  Fierce  and  dangerous  dogs,  &c. 

§  1.  That  no  dog  shall  run  at  large,  or  be  found  within  the 
city  of  Danville,  unless  the  owner  or  keeper  thereof  shall  place 
and  keep  upon  the  neck  of  each  dog  a  substantial  metallic  or  leather 
collar,  and  also  pay  to  the  city  clerk  a  tax  at  the  rate  of  one  dollar 
per  annum  for  every  dog  so  owned  or  kept  by  him. 

§  2.  The  owner  or  keeper  of  any  dog  shall,  without  delay, 
as  soon  as  any  dog  shall  come  into  his  possession,  and  annually 
thereafter,  before  the  first  day  of  May  in  each  year,  give  his  name 
with  the  name  and  description  of  his  dog  to  the  city  clerk,  and 
shall  pay  the  city  clerk  the  amount  of  the  tax  due  on  the  said 
dog  for  the  then  ensuing  year.    The  city  clerk  shall  deliver  to  the 


18 


ORDINANCES  OP  THE  CITY  OF  DANVILLE. 


said  owner  or  keeper  a  proper  receipt  for  the  money  received,  and 
shall  register  the  name  of  the  owner  or  keeper,  and  also  the  name 
and  description  of  such  dog  and  the  amount  of  tax  received  in  a 
suitable  book  kept  for  that  purpose,  which  book  shall  be  kept 
convenient  for  public  inspection  j  and  the  clerk  shall  also  attach  to 
the  collar  of  the-  dog  a  metallic  tablet  upon  which  shall  be  stamped 
or  written  the  letter  "D"  and  the  year  of  the  registry. 

§  3.    Any  dog  running  at  large  or  being  within  the  city  of 
Danville  and  not  registered  and  collared  as  herein  provided,  shall 
be  deemed  and  is  hereby  declared  to  be  a  nuisance. 

§  4.  The  city  marshal  and  police  constables  shall  take  up 
and  impound  all  dogs  found  running  at  large  or  being  within  the 
city  and  not  registered  and  collared  as  herein  required.  They 
shall  keep  a  memorandum  of  the  time  when  each  dog  is  impounded 
and  a  description  of  him,  and  shall  post  a  copy  of  it  signed  by  the 
officer  so  impounding  upon  the  dooi^of  the  engine  house  in  said 
city.  They  shall  keep  each  dog  so  impounded  at  least  three  days 
and  not  more  than  four  days  in  said  pound,  and  if  the  same  shall 
not  be  taken  and  the  charges  paid,  he  shall  be  destroyed. 

§  5.  Any  owner  or  keeper  of  a  dog,  so  impounded  as  afore- 
said, may  reclaim  the  same  and  have  possession  of  him  upon  exhib- 
iting to  the  city  marshal  the  clerk's  receipt  for  the  taxes  due  on 
said  dog  for  the  ensuing  year,  and  paying  to  the  city  marshal 
twenty-five  cents,  the  fee  for  taking  and  impounding  said  dog, 
and  the  amount  due  for  his  sustenance  for  the  time  he  has  been 
kept. 

§  6.  The  city  marshal  and  police  constables  shall  receive 
fifty  cents  for  each  dog  destroyed  by  them  and  removed  beyond 
the  city,  to  be  reported  to  the  city  council  upon  oath  for  allowance, 
and  they  shall  immediately  after  the  destruction  of  any  dog 
remove  him  beyond  the  city. 

§  7.  The  city  clerk  shall  receive  a  fee  of  twenty-five  cents 
for  registering  every  dog  so  registered  by  him,  to  be  paid  by  the 
owner  or  keeper  thereof,  and  shall  from  time  to  time  and  when- 
ever required  by  the  city  council,  report  the  number  of  dogs  reg- 
istered by  him  and  the  amount  of  tax  collected  on  the  same. 

§  8.  The  city  marshal  shall  keep  a  list  of  all  dogs  destroyed 
in  pursuance  of  this  ordinance,  the  name  of  the  owner  or  keeper, 
if  known,  the  date  of  the  impounding  and  the  date  of  the  killing, 
and  when  required  shall  report  the  same  to  the  city  council. 

§  9.  The  term  "  dog,"  wherever  used  in  the  ordinance,  shall 
and  does  mean  dog,  bitch  or  pup. 

§  10.  Whoever  shall  hinder,  delay,  resist  or  obstruct  any 
officer  or  his  assistants  in  the  execution  of  any  duty  herein  re- 
quired, or  shall  aid  or  abet  the  same,  shall  be  subject  to  a  penalty 
of  not  less  than  ten  dollars,  and  not  more  than  one  hundred 
dollars  for  each  offence. 


0KD1NANCES  OP  THE  CITY  OP  DANVILLE*  19 


§  11.  "Whenever  danger  of  hydrophobia  may  be  deemed  to 
exist  in  or  near  the  city  of  Danville,  the  mayor  or  the  city  council, 
by  proclamation  or  by  notice  in  a  newspaper  of  the  city,  or  by 
printed  handbills,  may  require  all  persons  to  confine  all  dogs 
or  securely  muzzle  them  with  a  wire  muzzle,  for  such  time 
as  may  be  designated  in  such  proclamation  or  notice,  or  until 
otherwise  ordered.  All  dogs  found  running  at  large  in 
the  city  contrary  to  the  provisions  of  this  section,  whether  owned 
or  kept  within  or  without  the  city,  shall  be  destroyed  by  the  mar- 
shal or  any  policeman  j  and  the  owner  or  keeper  of  any  such 
dog  who  shall  knowingly  permit  the  same  to  run  at  large, 
contrary  to  the  provisions  of  this  section,  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars,  and  not  exceeding  one  hun- 
dred dollars. 

§  12.  Any  bitch  running  at  large  while  in  heat,  is  hereby 
declared  a  nuisance,  and  the  owner  or  keeper  of  any  such  bitch  so 
permitting  the  same  to  run  at  large  while  in  heat,  shall  be  subject 
to  a  penalty  of  five  dollars,  and  the  marshal  or  any  policeman 
shall  destroy  such  bitch. 

§  13.  Any  owner  or  keeper  of  a  fierce  or  dangerous  dog 
who  shall  knowingly  permit  the  same  to  run  at  large,  to 
the  danger,  annoyance  or  damage  of  any  person  within  the  city, 
shall  be  deemed  guilty  of  a  nuisance,  and  shall  be  subject  to  a 
penalty  of  five  dollars  for  the  first  offense;  and  not  less  than  ten 
dollars  and  not  exceeding  one  hundred  dollars,  for  the  second  of- 
fense; and  upon  the  second  conviction  the  marshal  or  policeman 
shall  destroy,  or  cause  such  dog  to  be  destroyed. 


20 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


CHAPTEK  VIII. 


ELECTIONS. 


Section. 


Section. 


17. 
18. 


19. 


20. 


1.  Election,  where  held;  time;  notice; 

district  defined;  special  elections. 

2.  Judges,  clerks,  appointment,  no- 

tice, etc. 

3.  Vacancies,  how  filled. 

4.  Oath. 
6.  Same. 

6.  Ballot  boxes  ;  manner  of  voting. 

7.  Poll  books  and  blanks.  21. 

8.  Time  of  opening  and  closing  polls;v22. 

challengers.  23. 

9.  Proclamation   to  be  made  before  24. 

polls  are  opened  and  closed.  25. 

10.  Ballot  box  to  be  opened  and  pub-  26. 

licly  exhibited  before  used.  27. 

11.  Clerks  to  keep  poll  list;  names  of  28. 

voters  to  be  entered  on  poll  list.  29. 

12.  Manner   of  voting ;   ballot,  how 

printed. 

13.  The  names  of  all  the  candidates  to 

be  placed  on  one  ballot. 

14.  Manner  of  depositing  ballot ;  duty  30. 

of  judges  on  receiving  ballot.  31. 

15.  No  adjournment  until  result  is  an- 

nounced. 32. 

16.  Votes,  when,  where  and  how  can-  33. 

vassed ;  number  to  correspond 
with  names  on  poll  list ;  excess 
to  be  destroyed. 


Ballot  not  counted,  when. 

Ballots  to  be  strung;  delivered  with 
poll  lists  to  the  city  clerk  ;  city 
clerk  to  preserve  same. 

Returns,  how  made ;  form  of  cer- 
tificate. 

Returns  to  be  delivered  to  clerk 
within  two  days. 

Compensation  of  judges  and  clerks. 

Challenges. 

Who  may  vote. 

Residence  defined. 

Affidavit  of  qualification. 

Affidavit  of  witness. 

Who  may  administer  oaths. 

Convicts  ;  disqualification. 

City  clerk  to  notify  mayor  when 
returns  are  all  in  ;  meeting  of 
council  to  be  called;  city  council 
to  canvass  returns  and  declare 
result. 

Tie  vote,  how  determined. 

Notice  to  person  elected ;  person 

elected  to  qualify  in  ten  days. 
Order  to  be  preserved  at  polls. 
Dramshops  to  be  closed. 


§  1.  A  general  election  for  all  elective  city  officers  shall  be 
held  in  each  ward  of  the  city,  on  the  third  Tuesday  of  April  of  each 
year.  Each  ward  shall  constitute  an  election  precinct,  but  the  city 
council  may  divide  any  ward  into  as  many  election  districts  as  the 
convenience  of  the  people  may  require,  defining  the  same  by  dis- 
tinct boundaries.  The  city  council  shall  designate  the  place  or  places 
in  which  the  election  shall  be  held,  and  cause  notice  to  be  printed  in 
some  newspaper  printed  in  the  city,  or  posted  at  each  voting 
place  in  the  city,  of  the  time  and  places  of  election  and  the  officers 
to  be  elected,  for  at  least  twenty  days  prior  to  said  election. 
Special  elections  shall  be  held  and  conducted,  and  notice  thereof 
given  in  the  same  manner  as  general  elections. 

§  2.  The  city  council  shall,  at  least  twenty  days  before  an 
election  in  said  city,  appoint  by  ballot  three  legal  voters  in  each 
election  precinct  or  district,  to  act  as  judges  of  election,  and  two 
legal  voters  in  such  election  precinct  or  district  to  act  as  clerks  of 
election  for  such  election.  The  city  clerk  shall  without  delay 
after  the  first  appointment  of  the  judges  and  clerks  of  an  election, 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


21 


make  out  and  deliver  to  the  city  marshal  a  certificate  of  the 
appointment  to  each  of  such  persons  appointed  judges  and  clerks, 
and  the  marshal  shall  within  three  days  after  the  receipt  of  such 
certificate,  deliver  the  same  to  the  several  judges  and  clerks  so 
appointed. 

§  3.  If  at  the  time  for  the  opening  of  any  such  election,  any 
person  appointed  a  judge  of  election  shall  not  be  present,  or  will  not 
act  or  take  the  oath  to  act  in  such  capacity,  the  judge  or  judges  pres- 
ent may  appoint  some  other  qualified  elector  to  act  in  his  place.  If 
there  be  no  judge  of  election  present,  or  if  present  and  he  refuses  to 
act,  such  electors  of  the  ward  or  precinct  as  may  be  present  at!  the 
place  of  election,  may  fill  the  vacancies  by  election  from  their 
number.  The  judges  so  elected  shall  have  the  same  power,  and 
be  subject  to  the  same  penalties  as  other  judges  of  election.  The 
judges  of  election  shall  appoint  clerks  when  necessary,  to  fill 
vacancies. 

§  4.  Previous  to  any  vote  being  taken,  the  judges  and  clerks 
of  the  election  shall  severally  take  an  oath  or  affirmation  in  the 
following  form,  to-wit :  I  do  solemnly  swear,  (or  affirm,  as  the 
case  may  be),  that  I  will  support  the  constitution  of  the  United 
States,  and  the  constitution  of  the  state  of  Illinois,  and  that  I  will 
faithfully  discharge  the  duties  of  the  office  of  judge  of  election,  (or 
clerk,  as  the  case  may  be),  according  to  the  best  of  my  ability. 

§  5.  In  case  there  shall  be  no  judge  or  justice  of  the  peace 
present  at  the  opening  of  the  election,  or  in  case  such  judge  or 
justice  shall  be  appointed  a  judge  or  a  clerk  of  election,  it  shall  be 
lawful  for  the  judges  of  election  to  administer  the  oath  or  affirma- 
tion to  each  other,  and  to  the  clerks 'of  election,  and  the  person 
administering  such  oath  or  affirmation,  shall  cause  an  entry 
thereof  to  be  made  and  subscribed  by  him,  and  prefixed  to  each 
poll  book. 

§  6.  The  city  clerk  shall  provide  a  sufficient  number  of  bal- 
lot boxes  with  secure  locks  and  keys,  at  the  expense  of  the  city, 
for  the  several  voting  precincts.  There  shall  be  an  opening  in 
the  lid  of  each  box,  not  larger  than  is  sufficient  to  admit  a  single 
closed  ballot  to  be  inserted  therein  at  one  time,  through  which 
each  ballot  voted  shall  be  put  into  the  box. 

§  7.  The  city  clerk  shall  provide  at  the  expense  of  the  city, 
proper  blanks,  poll  books,  and  other  necessary  election  blanks  for 
each  precinct  in  the  city,  and  cause  a  suitable  number  thereof  to  be 
delivered  to  the  judges  of  election  at  least  three  days  before  any 
election  is  to  be  held. 

§  8.  The  polls  shall  be  opened  at  the  hour  of  b  o'clock  in  the 
morning,  and  continued  open  until  7  o'clock  in  the  afternoon  of 
the  same  day,  at  which  time  the  polls  shall  be  closed;  but  if  the 
judges  shall  not  attend  at  the  hour  of  8  o'clock  in  the  morning,  or 
if  it  shall  be  necessary  for  the  electors  present  to  appoint  judges  to 
conduct  the  election  as  hereinbefore  prescribed,  the  polls  may  in 

(25) 


22 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


that  case  be  opened  at  any  hour  before  the  time  for  closing  the 
same  shall  arrive,  as  the  case  may  require. 

§  9.  Upon  opening  the  polls  one  of  the  clerks  or  judges  of 
election  shall  make  proclamation  of  the  same,  and  at  least  thirty 
minutes  before  the  closing  of  the  polls,  proclamation  shall  be  made 
in  like  manner,  that  the  polls  will  be  closed  in  half  an  hour. 

§  10.  Before  any  ballot  shall  be  deposited  in  the  ballot  box, 
the  ballot  box  shall  be  publicly  opened  and  exhibited,  and  the 
judges  and  clerks  shall  see  that  no  ballot  is  in  such  box,  after 
which  the  box  shall  be  locked  and  the  key  delivered  to  one  of  the 
judges,  and  shall  not  be  again  opened  until  the  close  of  the  polls. 

§  11.  Each  clerk  of  the  election  shall  keep  a  poll  list,  which 
shall  contain  a  column  headed  "number,"  and  another  headed 
"name  of  voters."  The  name^  of  each  elector  voting  shall  be 
entered  upon  each  of  the  poll  books  by  the  clerks,  in  regular  suc- 
cession under  the  proper  heading,  and  the  number  of  such  voter 
placed  opposite  his  name  in  the  column  headed  "numbers." 

§  12.  The  manner  of  voting  shall  be  by  ballot.  The  ballot 
shall  be  printed,  or  written,  or  partly  written  and  j>artly  printed 
upon  plain  paper,  with  the  name  of  each  candidate  voted  for,  and 
the  title  of  the  offices.  When  the  ballot  is  printed,  the  same  shall 
be  printed  upon  plain  paper,  in  plain  type,  in  straight  lines  with  a 
blank  space  below  each  name  of  a  width  not  less  than  equal  to  the 
width  of  the  line  in  which  the  name  is  printed. 

§  13.  The  names  of  all  candidates  for  which  the  elector  in- 
tends to  vote,  shall  be  written  or  printed  upon  the  same  ballot, 
and  the  office  to  which  he  desires  each  to  be  elected,  shall  be  desig- 
nated upon  the  ballot. 

§  14.  The  ballot  shall  be  folded  by  the  voter  and  delivered 
to  one  of  the  judges  of  election,  and  if  the  judges  be  satisfied  that 
the  person  offering  the  vote  is  a  legal  voter,  the  clerks  of  election 
shall  enter  the  name  of  the  voter  and  his  number  under  the  proper 
headings  in  the  poll  books,  and  the  judges  shall  indorse  upon  the 
back  of  the  ballot  offered  the  number  corresponding  with  the 
number  of  the  voter  on  the  poll  books,  and  shall  immediately  put 
the  ballot  into  the  ballot  box. 

§  15.  After  the  opening  of  the  polls  no  adjournment  shall  be 
had,  nor  shall  any  recess  be  taken  until  all  the  votes  cast  at  such 
election  shall  have  been  counted  and  the  result  publicly  an- 
nounced. 

§  16.  Immediately  upon  closing  the  polls  the  judges  shall 
proceed  to  canvass  the  votes  polled.  They  shall  first  count  the 
whole  number  of  ballots  in  the  box.  If  the  ballots  shall  be  found 
to  exceed  the  number  of  names  entered  on  each  of  the  poll  lists, 
they  shall  reject  the  ballots,  if  any  be  found,  upon  which  no  num- 
ber is  marked;  if  the  number  of  ballots  still  exceeds  the  number 
of  names  entered  on  each  of  the  poll  lists,  they  shall  be  replaced 
in  the  box,<and  the  box  closed  and  well  shaken  and  again  opened, 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


and  one  of  the  judges  shall  publicly  draw  out  and  destroy  so  many 
ballots  unopened,  as  shall  be  equal  to  such  excess,  and  the  bailots  and 
poll  lists  agreeing  or  being  made  to  agree,  the  board  shall  proceed 
to  count,  and  estimate  and  publish  the  votes,  and  when  the  judges  of 
election  shall  open  and  read  the  tickets,  each  clerk  shall  carefully 
mark  down  upon  the  tally  list  the  votes  each  candidate  receives  in 
a  separate  column  prepared  for  that  purpose,  with  the  name  of 
such  candidate  at  the  head  of  such  column  and  the  office  desig- 
nated by  the  vote,  such  candidate  shall  fill. 

§  17.  If  more  persons  are  designated  for  any  office  on  the 
same  ballot  than  there  are  candidates  to  be  elected,  such  part  of  the 
ticket  shall  not  be  counted  for  either  of  the  candidates. 

§  18.  All  the  ballots  counted  by  the  judges  of  election  shall 
after  being  read,  be  strung  upon  a  strong  thread  or  wire,  in  the 
order  in  which  they  have  been  read,  and  shall  then  be  carefully 
enveloped  and  sealed  up  by  the  judges,  who  shall  direct  the  same 
y  to  the  city  clerk,  and  they  shall  be  delivered,  together  with  the 
poll  books  to  the  city  clerk,  who  shall  carefully  preserve  said  bal- 
lots six  months,  and  at  the  expiration  of  that  time  shall  destroy 
them  by  burning,  without  the  package  being  previously  opened. 
Provided,  if  any  contest  of  election  shall  be  pending  at  such  time 
in  which  such  ballots  may  be  required  as  evidence,  the  same  shall 
not  be  destroyed  until  such  contest  is  finally  determined. 

§  19.  When  the  votes  shall  have  been  examined  and  counted, 
the  clerks  shall  set  down  in  their  poll  books  the  name  of  every 
person  voted  for,  written  at  full  length,  the  office  for  which  such 
person  received  such  votes,  the  number  he  did  receive,  the  num- 
ber being  expressed  in  words  at  full  length;  such  entry  to  be 
made  as  nearly  as  circumstances  will  admit  in  the  following  form, 
to  wit: 

"At  an  election  held  at  the  ,  in  the  ward,  in  the  city 

of  Danville,  in  the  county  of  Yermilion  and  State  of  Illinois,  on 

the  day  of  ,  in  the  year  one  thousand  eight  hundred  and 

 ,  the  following  named  persons  received  the  number  of  votes 

annexed  to  their  respective  names  for  the  following  described 
offices,  to  wit:  (name  of  candidate)  had  (number  of  votes)  for 
(title  of  office)  (and  in  the  same  manner  for  every  other  person 
voted  for). 

Certified  by  us. 


§  20.  Such  certificate,  together  with  one  of  the  lists  of  voters 
and  one  of  the  tally  papers,  having  been  carefully  enveloped  and 
sealed  up,  shall  be  put  into  the  ballot  box  and  put  into  the  hands 
of  one  of  the  judges  or  board  of  election,  who  shall  within  two 


Attest : 


election. 


Clerks  of  election. 


24 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


days  thereafter  deliver  the  same  to  the  city  clerk  at  the  office  of 
the  said  city  clerk. 

§  21.  The  judges  and  clerks  of  election  shall  be  allowed  the 
sum  of  three  dollars  per  day  for  their  services  in  attending  such 
election. 

§  22.  The  judges  of  election  shall  allow  at  least  one  and  not 
more  than  two  legal  voters  of  each  party  to  the  contest,  to  be 
chosen  by  the  parties  respectively,  into  the  room  where  the  elec- 
tion is  held,  to  act  as  challengers  of  voters  at  such  election,  and 
such  challengers  may  remain  with  the  board  of  election  until  the 
votes  are  all  canvassed  and  the  result  declared. 

QUALIFICATION  OF  VOTERS. 

§  23.  Every  person  having  resided  in  this  state  one  year,  in 
the  county  ninety  days,  and  in  the  precinct  or  election  district 
thirty  days  next  preceding  any  election,  who  was  an  elector  in 
this  state  on  the  first  day  of  April,  in  the  year  of  our  Lord  1848, 
or  obtained  a  certificate  of  naturalization  before  any  court  of 
record  in  this  state  prior  to  the  first  day  of  January,  in  the  year 
of  our  Lord  1870,  or  who  shall  be  a  male  citizen  of  the  United 
States  above  the  age  of  twenty-one  years,  shall  be  entitled  to  vote 
at  such  election. 

§  24.  Permanent  abode  is  necessary  to  constitute  a  residence 
within  the  meaning  of  the  preceding  section.  All  persons  shall 
be  deemed  residents  of  the  precinct  or  district  in  which  they  are 
accustomed  to  lodge. 

§  25.  Whenever  at  any  general  or  special  election  in  any 
ward  or  precinct  in  said  city  of  Danville,  any  person  offering  to 
vote  is  not  personally  known  to  the  judges  of  election  to  have 
the  qualifications  mentioned  in  the  two  preceding  sections,  if  his 
vote  is  challenged  by  a  legal  voter  at  such  election,  he  shall  make 
and  subscribe  an  affidavit  in  the  following  form,  which  shall 
be  retained  by  the  judges  of  election  and  returned  by  them  with 
the  poll  books : 
STATE  OF  ILLINOIS,   }  gg 

Yermilion  County,  j 

I,  —  ,  do  solemnly  swear  (or  affirm)  that  I  am  a 

citizen  of  the  United  States  (or  that  I  was  an  elector  on  the  first 
day  of  April,  A.  D.  1848,  or  that  I  obtained  a  certificate  of  natu- 
ralization before  a  court  of  record  in  this  state  prior  to  the  first 
day  of  January,  A.  D.  1870,  as  the  case  may  be);  that  I  have 
resided  in  this  state  one  year,  in  this  county  ninety  days,  and  in 
this  election  district  thirty  days  next  preceding  this  election;  that 

I  now  reside  at  No.  ,  on   street,  in  this  election  district; 

that  I  am  twenty-one  years  of  age  and  have  not  voted  at  this 
election.  So  help  me  God.  (Or,  "this  I  do  solemnly  and  sin- 
cerely affirm,"  as  the  case  may  be). 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


25 


Subscribed  and  sworn,  to  before  me  this  day  of  ,  A. 

D.  18  . 


§  26.  In  addition  to  such  affidavit,  the  person  so  challenged 
shall  produce  a  witness  personally  known  to  the  judges  of  elec- 
tion and  resident  in  the  precinct  or  district,  or  who  shall  be  proved 
by  some  legal  voter  of  such  precinct  or  district  known  to  the 
judges  to  be  such,  who  shall  take  the  oath  following,  viz  : 

"I  do  solemnly  swear  (or  affirm)  that  I  am  a  resident  of  this 
election  precinct  (or  district)  and  entitled  to  vote  at  this  election  ; 
and  that  I  have  been  a  resident  herein  for  one  year  last  past,  and 
am  well  acquainted  with  the  person  whose  vote  is  now  offered ; 
that  he  is  an  actual  and  bona  fide  resident  of  this  election  precinct 
(or  district);  and  has  resided  herein  thirty  days;  and,  as  I  verily 
believe,  in  this  county  ninety  days,  and  in  this  state  one  year 
ne^t  preceding  this  election. 

§  27.  The  oath  in  each  case  may  be  administered  by  either 
of  the  judges  of  election,  or  by  any  officer  resident  in  the  precinct 
or  district  authorized  by  law  to  administer  oaths. 

§  28.  No  person  who  has  been  legally  convicted  of  any 
crime,  the  punishment  of  which  is  confinement  in  the  penitentiary, 
shall  be  permitted  to  vote  at  any  election  unless  he  shall  be  re- 
stored to  the  right  to  vote  by  pardon. 

§  29.  When  all  the  returns  shall  be  filed  with  the  city  clerk, 
he  shall  without  delay  notify  the  mayor  or  any  three 
aldermen  thereof,  who  shall  immediately  call  a  meeting  of  the  city 
council.  The  city  clerk  in  the  presence  and  under  the  direction 
of  the  city  council  shall  open  the  several  returns  and  examine 
and  canvass  the  same,  and  wThen  finished,  the  city  council  shall 
declare  the  result  and  shall  cause  the  city  clerk  to  enter  a  state- 
ment thereof  in  full  upon  the  journals,  naming  each  person  voted 
for,  the  number  of  votes  received,  for  what  office,  and  who  is 
elected. 

§  30.  The  person  having  the  highest  number  of  votes  for  any 
office  shall  be  declared  elected;  when  two  or  more  persons  receive 
an  equal  number,  and  the  highest  number  of  votes  for  any  office,  the 
city  council  shall  cause  the  city  clerk  to  issue  a  notice  to  such  per- 
sons of  such  tie  vote,  and  require  them  to  appear  before  the  city 
council  on  a  day  and  at  a  time  named  in  the  notice,  within  ten 
days  from  the  day  of  election  and  determine  b}T  lot,  in  the  pres- 
ence of  the  city  council,  which  of  them  is  to  be  declared  elected ; 
and  on  the  day  and  at  the  time  appointed,  the  city  council  shall 
proceed  to  determine  the  same  by  lot  in  their  presence,  in  the 
manner  following:  There  shall  be  placed  in  a  ballot  box  as  many 
folded  ballots  as  there  are  persons,  having  an  equal  and  the 
highest  number  of  votes;  on  one  of  the  ballots  the  name  of  the 
office  for  which  the  candidates  were  voted  tor  shall  be  written, 

(2G) 


26 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


and  the  other  ballots  shall  have  some  other  words  written  upon 
them.  The  candidates  shall  each  draw  one  ballot,  and  the  candi- 
date drawing  the  ballot  on  which  the  name  of  the  office  is  written 
shall  be  declared  elected.  If  any  candidate  shall  bo  absent  or  re- 
fuse to  draw  a  ballot,  the  mayor  shall  appoint  one  of  the  aldermen 
elected  to  draw  for  such  candidate. 

§  31.  The  city  clerk  shall,  within  five  days  after  any  person 
is  declared  elected  to  any  office  by  the  city  council,  notify  him  in 
writing  of  his  election,  naming  the  office  for  which  he  has  been 
declared  elected,  and  requesting  him  to  qualify  within  ten  days 
after  such  notice,  and  unless  such  person  shall  qualify  in  ten  days 
after  such  notice  the  office  shall  become  vacant. 

§  32.  The  city  marshal  and  all  other  police  officers  shall  at- 
tend at  all  elections  for  the  purpose  of  maintaining  order  and 
keeping  the  peace.  The  judges  shall  maintain  order  at  the  polls, 
and  may  command  any  police  officer  in  attendance  to  arrest  any 
person  who  shall  disturb  the  peace  by  riotous  or  disorderly  con- 
duct. Any  person  who  at  the  polls  shall  break  or  disturb  the 
peace,  or  conduct  himself  in  a  riotous  or  disorderly  manner,  shall 
be  subject  to  a  penalty  of  not  exceeding  twenty-five  dollars. 

§  33.  No  spirituous,  malt,  vinous  or  intoxicating  liquor  shall 
be  sold  or  given  away  at  retail,  nor  shall  any  saloon,  or  bar  room 
or  place  where  such  liquor  is  sold  or  given  away,  be  open  upon 
any  general  or  special  election  day  in  said  city.  Whoever  violates 
the  provisions  of  this  section  shall  be  fined  in  a  sum  not  less  than 
twenty -five  dollars,  nor  more  than  one  hundred  dollars. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


27 


CHAP  TEE  IX. 


FIRE  DEPARTMENT. 


Section. 

1.    Members,  consist  of. 


2.  City  council  to  provide  apparatus 

and  places  for  keeping  the  same  ; 
fire  apparatus  to  be  kept  in  order; 
repairs. 

3.  Mayor  or  chairman  of  committee  on 

fire  and  water  to  exercise  super- 
vision  over,  and  to  report  quar- 
terly or  oftenef  ;  other  reports. 

4.  Who  to  take   command  at  fires ; 

members  and  bystanders  to  obey 
orders. 

6.  City  marshal  and  police  to  attend 
fires ;  supervisors  to  attend  fires; 
penalty  for  neglect  to  attend  or 
perform  duty. 

6.  Fire   companies,  how  organised  ; 

number  of  members ;  fire  com- 
panies to  take  charge  and  keep 
ready  for  immediate  use  of  fire 
apparatus. 

7.  Alarm  of  fire,  duty  of  companies  ; 

not  to  leave  fire  without  orders  ; 
to  return  apparatus. 

8.  Fire  apparatus  not  to  be  used  for 

private  purposes  ;  penalty  for  ; 
keeper  liable. 

9.  Members  exempt,  as  jurors.  &c  ; 

companies  to  return  names  of 
members  to  mayor  for  report  to 
council ;  clerk  to  keep  register  of 
members;  certificate  of  exemp- 
tion. 


Section. 

10.    Buildings  torn  down,  when. 
11  i    Bystanders  to  assist  when  called  up- 
on ;  penalty  for  refusing. 

12.  Hindering  firemen  and  refusing  to 
obey  orders  ;  penalty  for. 

13.  Duty  of  mayor  and  other  officers  to 
arrest  for  stealing,  etc. 

14.  Limits  at  fires  ;  guards  to  be  ap- 
pointed. 

15.  Injuring  fire  apparatus:  penalty  for. 

16.  Stove  pipes  ;  stoves,  how  put  up  ; 
chimneys,  how  built;  penalty. 

17.  Using  open  candle  and  lamp  for- 
bidden, where  ;  penalty. 

18.  Keeping  shavings,  etc.,  in  shop; 
stoves  ;  candles ;  fire. 

19.  Carrying  fire. 

20.  Ashes. 

21.  Bonfires. 

22.  Boiling  pitch,  etc. 

23.  Fire  in  buildings  ;  out  door  fire. 

24.  Burning  out  chimneys. 

25.  Scattering  shavings,  etc. 

26.  Spittoons. 

27.  Fire  wardens  ;  power  to  enter  and 
examine  buildings;  duty  to  prose- 
cute; engineers  to  examine 
buildings  and  notify  owners  if 
there  be  danger. 


§  1.  The  fire  department  of  the  city  of  Danville  shall  consist 
of  the  mayor,  the  aldermen,  the  city  marshal  and  policemen,  chief 
engineer  and  such  assistant  engineers  and  members  of  organized 
fire  companies  as  may  from  time  to  time  be  appointed  by  the 
mayor,  by  and  with  the  advice  and  consent  of  the  city  council. 

§  2.  The  city  council  shall,  from  time  to  time,  procure  the 
necessary  hooks,  ladders,  buckets,  engines,  hose  and  other  fire 
apparatus  for  the  use  of  the  fire  department,  and  shall  provide 
convenient  places  for  the  safe  keeping  thereof;  and  such  fire  appa- 
ratus shall  be  kept  in  the  best  order  for  immediate  use,  by  the 
officer,  person  or  company  having  charge  thereof,  who,  when  any 
such  apparatus  may  need  repairs,  shall  without  delay  notify  the 
mayor  thereof  j  and  he  shall  thereupon  cause  all  necessary  repairs 
to  be  made. 


23 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


§  3,  The  mayor,  or  in  his  absence  the  chairman  of  the  com- 
mittee on  fire  and  water,  shall  have  and  exercise  a  general  super- 
vision over  the  fire  department,  and  shall  report  to  the  city 
council  quarterly*  at  the  regular  meetings  in  May,  August, 
November  and  February  of  each  municipal  year,  or  oftener,  it 
necessary,  or  required  by  the  city  council,  the  condition  of  the 
hooks,  ladders,  buckets,  engines,  hose  and  other  fire  apparatus 
which  may  belong  to  the  fire  department,  and  of  the  buildings  in 
which  they  may  be  kept,  and  shall  recommend  such  additions;  im- 
provements or  alterations  as  may  be  deemed  expedient  or  neces- 
sary. He  shall  ako  examine  into  the  condition  of  such  fire 
Company  or  companies  as  may  belong  to  the  fire  department,  and 
report  whether  their  organization  is  efficiently  preserved. 

§  4.  The  chief  engineer  of  the  fire  department,  or  in  his  ab- 
sence the  assistant  engineer  who  may  first  be  in  attendance  at  anv 
fire,  shall  take  the  command,  and  all  officers  and  members  of  the 
fire  department,  and  all  bystanders  shall  observe  and  obey  the 
orders  and  directions  of  the  officer  in  command. 

§  5.  The  city  marshal  and  all  other  police -officers  of  the  city 
shall  be  present  at  each  fire,  without  delay,  and  remain  there  dur- 
ing the  continuation  of  such  fire  (unless  required  to  leave  in  the 
performance  of  their  official  duties),  and  assist  in  extinguishing  the 
fire  and  in  preserving  and  protecting  property,  and  shall  perform 
general  police  duty.  The  supervisors  shall  also  attend  each  fire, 
and  shall,  as  far  as  is  in  their  power,  preserve  and  protect  any 
planked  street,  alley  or  sidewalk  from  injury.  If  the  marshal, 
the  supervisors  or  any  police  officer  shall  neglect  to  attend  at  any 
fire,  except  for  good  cause,  or  shall  refuse  or  willfully  neglect  to 
perform  any  duty  herein  required  of  him,  he  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars,  and  not  exceeding  one  hun- 
dred dollars. 

§  6.  The  firemen  may  be  divided  into  companies  of  engine- 
men,  hose-men,  hook  and  ladder-men,  and  bucket-men.  Each 
company  may  adopt  such  organization,  and  choose  such  officers, 
subordinate  to  the  ordinances  of  the  city,  as  may  be  deemed  best 
calculated  to  accomplish  the  objects  and  purposes  contemplated, 
and  may  be  composed  of  any  number  of  members,  as  the  city 
council  may  from  time  to  time  prescribe.  The  several  fire  com- 
panies shall  have  charge  and  custody  of  such  hooks,  ladders, 
buckets,  engines,  or  other  fire  apparatus  as  may  be  delivered  to 
them,  and  of  the  room  or  rooms  in  which  the  same  may  be  kept, 
and  shall  cause  all  such  fire  apparatus  to  be  kept  and  preserved  in 
the  best  manner  for  immediate  use. 

§  7.  Upon  any  alarm  of  fire,  the  different  companies  under 
the  command  of  their  proper  officers  shall  repair  to  the  place  of  the 
fire  with  the  appropriate  fire  apparatus,  and  there  work  and  man- 
age the  same,  under  the  direction  of  the  officer  in  command,  or  in 
his  absence,  place  and  manage  the  same  in  the  most  effectual  man- 


ORDINANCES  OF  THE  CITY  OF  DANVILLE.  ifO 


ner  until  the  fire  is  extinguished.  ~No  fire  company  shall  leave 
any  fire,  or  shall  move  their  fire  apparatus  therefrom,  without  the 
order  or  permission  of  the  officer  commanding;  and  when  the  same 
is  given,  shall  return  such  apparatus  in  good  order  to  the  proper 
place  of  deposit. 

§  8.  No  person  shall  use  any  fire  apparatus  for  any  private 
purpose,  nor  shall,  without  authority,  remove  the  same  from  the 
proper  place  of  deposit  thereof,  under  a  penalty  of  not  less 
than  five  dollars,  and  not  exceeding  one  hundred  dollars; 
no  person  having  charge  of  any  fire  apparatus,  shall  permit  the 
same  to  be  used  for  any  private  purpose  under  a  penalty  of  not 
less  than  five  dollars,  and  not  exceeding  one  hundred  dollars,  be- 
sides being  personally  liable  for  all  damages  that  may  occur 
thereby. 

§  9.  The  active  and  working  members  of  any  fire  company 
shall  be  exempt  from  serving  upon  any  jury,  and  working  upon 
the  streets,  alleys,  roads  or  highways  of  the  city,  and  from  paying 
tax  in  lieu  of  such  labor.  Each  company  shall,  from  time  to  time, 
cause  to  be  relumed  to  the  mayor  the  names  of  persons  who  have 
ceased  to  be  members  of  the  company ;  and  each  company  shall, 
on  the  first  Monday  of  May,  annually,  cause  to  be  returned  to  the 
mayor,  to  be  reported  by  him  to  the  city  council,  a  correct  list  of 
all  the  active  and  working  members  then  actually  belonging  to 
such  company.  The  city  clerk  shall  keep  a  register  of  the  names 
of  the  active  and  working  members  of  airv  fire  company,  and  the 
evidence  to  entitle  any  member  to  the  exemption  herein  named, 
shall  be  the  clerk's  certificate  under  the  corporate  seal,  for  the 
year  for  which  the  exemption  is  claimed,  which  certificate  shall 
be  issued  free  of  cost  to  each  person  entitled  to  such  exemption. 

§  10.  The  officer  in  command  at  any  fire  may  direct  the 
tearing  down,  removal  or  destruction  by  any  proper  means,  of  any 
building,  fence  or  erection,  when  he  shall  deem  it  necessary  for 
the  purpose  of  checking  the  progress  of  the  fire. 

§  11.  The  mayor  or  any  alderman,  the  marshal,  the  chief 
engineer  or  any  assistant  engineer,  or  the  officer  commanding  any 
fire  company,  may  require  all  bystanders  and  all  male  persons  in 
the  city,  to  aid  in  drawing  or  conveying  any  engine,  hook  and 
ladder  carriage,  or  other  fire  apparatus  to  amy  fire,  or  to  aid  in 
managing  or  working  the  same  during  any  fire,  or  otherwise  to 
assist  in  extinguishing  the  fire,  or  in  removing,  guarding  or  pro- 
tecting property ;  and  any  person  who  shall  neglect  or  refuse  so 
to  aid  and  assist,  when  so  required,  shall  be  subject  to  a  penalty  of 
not  less  than  three  dollars,  and  not  exceeding  one  hundred  dol- 
lars, unless  such  person  shall  be  physically  unable  to  comply  with 
such  requirement. 

§  12.  Whoever  shall,  at  any  fire,  wilfully  hinder,  delay,  re- 
sist or  obstruct  an}~  officer,  firemen  or  other  person  in  the  discharge 
of  his  duty,  or  shall  neglect  or  refuse  to  obey  the  lawful  com- 

(27) 


^0 


Ordinances  of  the  city  op  danville. 


mands  of  any  officer,  or  shall  conduct  himself  in  a  riotous  or  dis- 
orderly manner,  shall,  in  each  case,  be  subject  to  a  penalty  of  not 
less  than  five  dollars,  and  not  exceeding  one  hundred  dollars. 

§  13.  The  mayor  or  any  alderman,  or  other  officer  belonging 
to  the  fire  department  may,  and  the  marshal  and  police  officers 
shall,  during  any  fire,  arrest  any  person  stealing  or  trespassing 
upon  any  property,  and  any  person  suspected  of  so  doing,  and  any 
person  hindering,  resisting  or  obstructing  any  officer  or  other  per- 
son in  the  discharge  of  his  duty,  or  neglecting  or  refusing  to  obey 
the  lawful  commands  of  any  officer,  or  conducting  himself  in  a 
riotous  or  disorderly  manner,  and  if  necessary  detain  him  or  her 
in  custody,  or  commit  him  or  her  so  arrested  for  examination, 
until  he  or  she  can  be  brought  before  a  competent  court  or  magis- 
trate. 

§  14.  The  commanding  officer  may,  during  any  fire,  prescribe 
the  limits  in  the  vicinity  thereof  within  which  no  person  not  re- 
siding therein,  nor  connected  with  the  fire  department,  nor  use- 
fully employed  in  the  extinguishment  of  the  fire,  or  in  protecting 
property,  shall  be  permitted  to  come,  under  a  penalty  of  not  less 
than  three  dollars,  and  not  exceeding  one  hundred  dollars;  and 
the  marshal,  and  all  police  and  other  officers,  shall  aid  in  executing 
the  requirements  of  this  section.  The  city  marshal  may,  when 
necessary,  with  the  concurrence  of  the  mayor  or  two  aldermen, 
appoint  as  property  guards,  such  number  of  known  and  reputable 
citizens  of  the  city  as  may  be  necessary  to  the  guarding,  protect- 
ing and  preserving  of  property  at  any  fire,  and  the  persons  so  ap- 
pointed shall  have  and  possess  the  same  powers  as  police  officers 
during  the  time  they  shall  so  act,  and  the  marshal  shall  return  a 
list  of  such  persons  to  the  city  council,  and  they  shall  be  entitled 
to  receive  such  reasonable  compensation  as  the  city  council  may 
allow. 

§  15.  Whoever  shall  willfully  break,  deface  or  destroy,  or 
otherwise  injure  any  fire  engine  or  other  fire  apparatus  belonging 
to  the  city  or  any  fire  company,  shall  be  subject  to  a  penalty  of 
not  less  than  twenty -five  dollars,  and  not  exceeding  one  hundred 
dollars )  and  in  addition  thereto  the  expenses  which  may  be  in- 
curred in  repairing  injuries  committed,  shall  be  added  to  the  pen- 
alty and  form  a  part  thereof. 

§  16.  All  stove  pipes  shall  be  securely  put  up,  so  as  not  to 
be  in  danger  of  falling,  and  shall  be  separated  at  least  three  inches 
from  any  wood  or  other  combustible  materials,  by  a  double  circle 
of  tin,  zinc  or  sheet  iron,  connected  with  like  metal,  with  air  holes 
through  the  connecting  metal  between  tbe  pipe  and  the  wood  br 
stone  cylinder.  All  stoves  put  up  or  used  without  secure  aprons 
or  hearths,  shall  be  placed  upon  a  platform  of  brick,  zinc  or  other 
incombustible  material,  extending  far  enough  around  the  same  to 
prevent  the  fire  from  falling  upon  the  floor,  and  if  set  within 
eighteen  inches  of  the  wood  work  of  any  wall^  the  same  shall  be 


DkDlNANCES  OF  ttiE  Cl*rY  OF  DANVILLE. 


31 


protected  with  zinc  or  other  incombustible  covering,  so  as  cffectu* 
ally  to  prevent  fire  from  the  stove.  All  chimneys  or  flues  shall 
be  four  inches  thick,  built  of  brick  or  stone,  well  laid  in  mortar 
and  well  plastered  inside,  and  shall  be  constantly  kept  in  good 
condition,  so  as  to  be  safe  and  secure  against  fire.  Whoever  shall 
put  up,  erect  or  build  any  stove,  stove  pipe,  chimney  or  flue,  con- 
trary to  the  requirements  of  this  section,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars,  and  not  exceeding  one  hun- 
dred dollars  j  and  whoever  shall  use  any  such  stove,  stove  pipe, 
chimney  or  flue,  so  put  up  or  erected,  contrary  to  the  requirements 
of  this  section,  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars,  and  one  dollar  in 
addition  thereto  for  each  day  the  same  may  be  used  after  notice 
either  verbally  or  in  writing,  by  the  mayor  or  any  alderman,  or 
the  city  marshal,  or  any  policeman  of  said  city,  that  such  stove* 
stove  pipe,  chimney  or  flue  is  put  up,  built  or  erected,  contrary  to 
the  provisions  of  the  ordinances  of  said  city. 

§  17.  No  person  shall  carry  or  use  any  lighted  candle  or 
lamp  or  fire  in  any  part  of  any  building  or  stable  where  any  hay> 
straw,  or  other  like  combustible  materials  are  kept,  without  secur- 
ing the  same  in  a  lantern  or  some  secure  casing,  so  as  not  to  en- 
danger the  taking  fire  thereby,  under  a  penalty  of  not  less  than 
three  dollars,  and  not  exceeding  one  hundred  dollars. 

§  18.  All  mechanics  or  other  persons  using  or  occupying 
shops,  buildings,  or  places  where  shavings  or  other  like  combus- 
tible materials  are  made  or  accumulated,  shall  clear  out  and 
"remove  such  combustible  materials  from  the  buildings,  shops  and 
the  premises  adjacent  or  attached  thereto,  as  often  as  may  be  nec- 
essary to  prevent  the  dangerous  accumulation  thereof.  The  stove 
or  stoves  used  in  any  such  shop  or  building,  shall  be  set  in  a  box 
or  frame  extending  at  least  six  inches  above  the  floor,  and  at  least 
eight  inches  around  and  outside  of  the  stove,  and  filled  or  lined 
with  fire-proof  material  j  all  lighted  candles  or  lamps  used  in  any 
such  shops  or  buildings,  shall  be  set  in  a  candlestick  or  stand,  not 
liable  to  take  fire,  and  all  such  lights  shall  be  kept  at  a  secure  dis- 
tance from  any  combustible  material.  No  person  shall  leave  any 
such  light  or  fire  burning  in  any  such  buildings,  in  such  manner 
or  for  such  length  of  time  that  the  same  may  be  in  danger  of  com- 
municating the  fire  to  any  part  of  such  shop  or  building  or  such 
shavings  or  other  combustible  material.  Whoever  shall  violate 
any  of  the  provisions  of  this  section  shall  be  subject  to  a  penalty 
of  not  less  than  three  dollars,  and  not  exceeding  one  hundred  dol- 
lars. 

§  19.  No  person  shall  carry  from  one  place  to  another  any 
fire  or  live  or  burning  coals,  without  securing  the  same  in  such 
manner  as  to  prevent  the  coals  or  sparks  from  falling  therefrom^ 
and  so  as  not  to  endanger  any  building  or  property  thereby,  under 


32 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


a  penalty  of  not  less  than  three  dollars,  and  not  exceeding  one 
hundred  dollars. 

§  20.  No  person  shall  keep  or  deposit  any  ashes  in  any  build- 
ing, or  in  any  place  within  twenty  feet  of  any  building,  shed  or 
fence,  or  other  combustible  material,  unless  within  a  secure  and 
covered  metallic  or  earthenware,  or  other  fire-proof  vessel,  or  in  a 
fire-proof  ash  house,  under  a  penalty  of  not  less  than  three  dol- 
lars, and  not  exceeding  one  hundred  dollars  j  and  all  soap  boilers 
or  other  persons  using  ashes  in  manufacture  in  any  wooden  vessel 
or  structure,  shall  keep  them  well  dampened  or  saturated  with 
water,  under  a  penalty  of  not  less  than  three  dollars,  and  not  ex- 
ceeding one  hundred  dollars. 

§  21.  No  person  shall  set  fire  to  or  burn  shavings,  straw  or 
other  material,  in  any  open  or  public  place  in  the  city,  except  in 
the  day  time,  nor  then  unless  the  condition  of  the  wind  and 
weather  be  such  that  such  fire  will  not  be  likely  to  endanger  or 
damage  any  building  or  other  property,  nor  within  thirty  feet  of 
any  building,  under  a  penalty  of  not  less  than  three  dollars,  and 
not  exceeding  one  hundred  dollars.  Provided  that  bonfires  may 
be  built  in  the  night,  at  any  safe  and  proper  place  within  the  city, 
by  consent  of  the  mayor  or  alderman  or  the  city  marshal. 

§  22.  No  person  shall  boil  any  pitch, resin,  tar  or  other  inflam- 
mable liquor  or  substance,  except  within  a  building  so  secured  as 
not  to  be  endangered  if  such  pitch,  resin,  tar  or  other  combustible 
material  shall  take  fire,  or  in  any  open  place  at  least  twenty  feet 
distant  from  any  building  or  property  likely  to  be  endangered  or 
damaged  thereby,  under  a  penalty  of  not  less  than  three  dollars, 
and  not  exceeding  one  hundred  dollars. 

§  23.  No  person  shall  make,  kindle  or  use  any  fire  in  any 
building,  out  building,  shed  or  other  structure,  except  within  a 
secure  fire-place,  stone  furnace  or  other  fire  proof  structure  made 
for  that  purpose.  Nor  shall  any  person  make,  kindle,  or  use  any 
fire  out  of  doors,  within  twenty  feet  of  any  building  or  other 
property  likely  to  be  endangered  thereby,  unless  within  a  proper 
stone  furnace  or  other  secure  structure,  nor  leave  any  such  fire 
burning.  Each  person  violating  the  provisions  of  this  section, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars,  and  not 
exceeding  one  hundred  dollars. 

§  24  No  person  shall  set  fire  to  or  burn  out  any  chimney,  flue 
or  stove-pipe,  except  in  the  day  time,  nor  then  when  wind  or 
weather  may  be  such  as  to  endanger  other  buildings  or  property, 
and  the  person  or  persons  occupying  any  building  shall  prevent 
and  remove  all  dangerous  accumulations  of  soot,  under  a  penalty 
of  not  less  than  three  dollars,  and  not  exceeding  one  hundred  dol- 
lars. 

§  25.  No  person  shall  trail,  strew  or  leave  any  shavings  or 
other  like  combustible  materials  in,  around  or  near  any  building 
or  property,  so  as  to  endanger  or  be  likely  to  endanger  or  dam- 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


33 


age  the  same  thereby,  under  a  penalty  of  not  less  than  three  dol- 
lars, and  not  exceeding  one  hundred  dollars. 

§  26.  No  box  or  other  vessel  used  as  a  spittoon  shall  contain 
saw-dust  or  other  inflammable  material. 

§  27.  The  mayor,  the  aldermen,  the  city  marshal  and  police- 
men shall  be  ex,  officio  tire  wardens,  and  they  and  the  chief  engin- 
eers and  assistant  engineers  of  the  fire  department  shall  have 
power  and  authority  to  enter  all  buildings  and  premises,  to  exam- 
ine whether  they  are  in  a  safe  condition  j  and  shall  enforce,  or 
cause  to  be  enforced,  all  the  provisions  hereof,  and  shall  prosecute, 
or  cause  to  be  prosecuted,  all  violations  of  the  provisions  hereof  j 
the  chief  engineer  or  one  of  the  assistant  engineers  of  the  fire  de- 
partment, shall,  whenever  requested  by  the  city  marshal  or  the 
mayor,  carefully  examine  any  or  all  buildings  within  the  city, 
and  shall  notify  the  owner  or  owners,  occupant  or  occupants 
thereof,  to  cause  any  chimney,  flue,  stove,  stove-pipe,  furnace,  ash- 
house,  or  other  place  in  which  fire  may  be  kept  or  used,  which 
may  be  deemed  unsafe  or  dangerous,  or  any  other  cause  from 
which  immediate  danger  of  fire  may  be  apprehended,  or  which 
may  be  deemed  unsafe  or  dangerous,  in  promoting  fires,  to  be 
without  delay  removed,  abated  or  placed  in  a  safe  condition,  and 
upon  the  neglect  or  refusal  of  any  owner  or  occupant  to  comply 
with  such  notice,  he  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars,  and  not  exceeding  one  hundred  dollars,  and  the 
officer  shall,  without  delay,  cause  such  buildings  or  premises  to  be 
placed  or  put  in  a  safe  condition,  and  the  necessary  cost  of  so 
doing  shall  be  collected  of  such  owner  or  occupant,  and  recovered 
by  suit,  in  the  name  of  the  city,  before  any  court  having  jurisdic- 
tion. 


o 


CHAPTER  X. 

FIRE  LIMITS,  AC 

Section.  Section, 

1.    Boundaries.  4.  No  wooden  buildings  to  be  removed 

2     Wooden  buildings  ;  not  to  be  built  witbin,  &c. 

within,  &c.  5.  Complaints,  &c. 

3.    Planing  mills,  &c.  6.  Violations. 

§  1.  The  fire  limits  of  the  said  city  be,  and  the  same  are  here- 
by extended,  bounded,  fixed  and  established  as  follows,  to-wit : 
Commencing  on  the  east  side  of  Pine  street,  at  a  point  one  hundred 

(28) 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


and  fifty  feet  north  of  the  north  side  of  North  street,  thence  east 
to  the  west  boundary  line  of  the  right  of  way  of  the  Toledo,  Wa- 
bash &  Western  Railway,  thence  south-westerly  along  said  boun- 
dary line  of  right  of  way  to  the  Vermilion  river,  thence  up  the 
channel  of  said  river  to  a  point  due  south  of  the  place  of  begin- 
ning, thence  north  to  the  place  of  beginning. 

§  2.  Be  it  further  ordained,  that  within  said  fire  limits  no 
wooden  buildings  shall  be  erected,  or  placed  or  repaired,  except 
as  in  this  ordinance  provided  )  and  that  the  exterior  walls  of  all 
buildings,  barns,  stables,  sheds,  houses  or  structures  (except  priv- 
ies, coal  houses  or  wood  sheds)  hereafter  built  or  erected  within 
the  aforesaid  fire  limits  shall  be  constructed  of  brick,  stone,  iron, 
glass,  concrete  or  grout,  or  a  combination  of  one  or  more  of  such 
materials )  and  that  the  use  of  wood,  plank  or  lumber,  or  wooden 
material,  in  the  construction  or  building  of  any  such  exterior 
walls  without  permission  first  having  been  obtained  from  the  city 
council  is  hereby  expressly  prohibited,  and  that  the  roofs  and  all 
sky-lights  of  all  such  buildings,  houses  or  structures  (other  than 
privies,  coal  houses  or  wood  sheds),  hereafter  built  or  erected 
within  said  fire  limits  shall  be  covered  outAvardly  with  iron,  glass, 
slate,  or  some  other  non-combustible  substance ;  and  that  the  use 
of  shingles,  boards,  wooden  material,  or  any  other  combustible  ma- 
terial, in  the  outer  covering  of  such  roofs,  is  hereby  expressly 
prohibited. 

§  3.  And  be  it  further  ordained,  that  there  shall  not  be  here- 
after maintained,  or  operated,  or  built,  or  used,  any  planing  mill, 
sash,  door  or  blind  factory,  or  chair  or  furniture  factory,  or  lum- 
ber yard,  or  oil  mill,  within  the  aforesaid  fire  limits,  and  that  the 
city  authorities  shall  at  the  earliest  practical  day  provide  for  the 
removal  beyond  said  fire  limits  of  all  lumber  yards  now  establish- 
ed within  said  fire  limits.  This  section  shall  not  apply  to  planing 
mills,  or  chair  or  furniture  factories,  or  sash  and  door  factories; 
already  in  operation  within  said  fire  limits. 

§  4.  Be  it  further  ordained,  that  no  wooden  building  shall  be 
removed  from  any  part  of  the  city,  whether  the  same  is  within  or 
without  the  said  fire  limits,  to  any  place  within  said  fire  limits ; 
nor  shall  any  wooden  building,  except  the  same  be  a  building  that 
has  been  used  and  is  to  be  used  exclusively  as  a  residence,  now 
within  such  fire  limits,  be  repaired ;  and  whenever  the  roof  of 
any  brick  building  within  said  fire  limits  that  is  covered  with 
shingles,  boards,  or  other  combustible  material,  except  the  same 
be  a  building  that  is  used  and  to  be  used  exclusively  as  a  resi- 
dence, shall  be  repaired,  the  same  shall  be  repaired  by  covering 
said  roof  with  iron,  tin,  or  some  other  metallic  or  non-combustible 
substance,  as  prescribed  in  section  second  of  this  ordinance;  and 
that  all  and  any  wooden  buildings  within  said  fire  limits,  when 
the  same  shall  have  been  damaged  by  fire,  decay,  or  otherwise,  to 
the  extent  of  fifty  per  cent,  of  the  original  value  of  the  same,  shall 


ORDINANCES  OF  THE  CITY  OP  DANVILLE. 


85 


be  torn  down  or  removed  beyond  said  fire  limits  after  the  damage 
by  fire,  decay,  or  otherwise,  shall  have  been  ascertained  in  the 
manner  hereinafter  described. 

§  5.  Be  it  further  ordained,  that  whenever  any  member  of  the 
city  council,  policemen,  member  of  the  fire  department,  or  citizen, 
shall  make  complaint  in  writing  to  the  police  magistrate  that  any 
wooden  building  within  such  fire  limits  has  been  damaged  by  fire, 
decay,  or  otherwise,  to  the  extent  of  fifty  per  cent,  of  its  original 
value,  describing  the  property  and  giving  the  owner's  name,  said 
magistrate  shall  issue  a  notice  to  said  owner,  embodying  the  sub- 
stance of  such  complaint,  commanding  such  owner  to  appear  be- 
fore such  magistrate  at  a  time  therein  specified,  not  less  than  five 
nor  more  than  ten  days  from  the  date  of  such  notice,  and  at  the 
time  and  place  fixed  in  such  notice,  provided  the  return  of  such 
notice  shall  showT  that  such  owner  has  been  served  with  said 
notice  by  reading,  or  by  leaving  a  copy  at  the  residence  of  such 
owner  three  days  before  the  time  fixed  for  the  hearing,  such  police 
magistrate  shall  impanel  a  jury  of  twelve  disinterested  freehold- 
ers of  the  city,  who,  after  being  duly  sworn,  "fairly  and  impartial- 
ly to  ascertain  if  the  building  in  issue  shall  have  been  damaged 
by  fire,  decay,  or  otherwise,  to  the  extent  of  fifty  per  cent,  of  its 
original  value,"  hear  the  evidence  and  view  the  building  at  issue, 
and  hearing  the  argument  of  counsel,  and  bring  in  a  verdict  ac- 
cording to  the  facts  and  evidence;  and  in  case  the  jury  find  a 
verdict  that  such  building  has  been  so  damaged  by  fire,  decay,  or 
otherwise,  the  police  magistrate  shall  so  record  a  judgment,  and 
direct  such  owner  to  remove  or  tear  down  such  building  within 
thirty  daysj  and  in  default  thereof  that  the  marshal  of  the  city 
shall  remove  or  tear  down  such  building,  the  cost  or  expense  of 
which  shall  be  charged  to  such  owner,  and  if  not  paid  by  such 
owner,  the  same  shall  be  collected  by  suit  in  the  name  of  said  city 
against  such  owner.  At  the  impaneling  of  such  jury  the  said 
owner  and  the  prosecutor  shall  have  a  right  to  three  peremptory 
challenges  each,  and  to  challenge  any  juror  for  prejudice,  interest, 
or  any  other  just  cause. 

§  6.  Be  it  further  ordained,  that  any  person  or  persons  who 
shall  violate,  or  wTho  shall  hire,  employ,  or  induce  any  other  per- 
son or  persons  to  violate  any  or  either  of  the  provisions  of  sections 
seecond,  or  third,  or  fourth  of  this  ordinance,  shall  be  subjected  to  a 
fine  of  one  hundred  dollars  for  each  and  every  day  or  part  of  a 
day  that  any  such  person  or  persons  may  have  been  engaged  in 
such  violation  of  such  provision  or  provisions  of  any  or  either  of 
said  sections  of  this  ordinance;  and  that  any  person  who,  as  con- 
tractor, laborer,  or  mechanic,  in  the  employ  of  any  other  person, 
shall  violate  any  or  either  of  the  provisions  of  sections  second, 
third  or  fourth  of  this  ordinance,  shall  be  subjected  to  a  fine  of 
twenty-five  dollars  for  each  and  every  day  or  part  of  a  day  that 
such  contractor,  laborer  or  mechanic  may  have  been  occupied  in 


36 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


such  violation  of  said  provision  or  provisions  of  either  of  said 
sections  of  this  ordinance,  and  each  day  or  part  of  a  day  in  which 
any  owner,  person  or  persons,  contractor,  mechanic  or  laborer 
may  have  been  engaged  in  such  violation  of  either  of  said  sections 
of  this  ordinance,  or  any  part  of  either  of  said  sections,  shall  con- 
stitute a  distinct  and  separate  offense.  And  in  addition  to  the 
foregoing  penalty  and  fine,  any  person  or  persons  who  shall  re- 
move or  assist  in  the  removal  of  any  wooden  building  to  any 
place  within  said  lire  limits,  shall  be  liable  to  imprisonment  for 
the  term  of  three  months;  but  this  section  shall  not  apply  to  any 
person  or  persons  who  shall  be  engaged  in  good  faith  in  remov- 
ing any  wooden  building  to  any  place  outside  of  said  fire  limits, 
and  who  shall  use  all  reasonable  dispatch  in  making  such  removal. 
And  that  every  owner  whose  building  has  been  ordered  and  ad- 
judged to  be  torn  down  or  removed  in  accordance  with  the  pro- 
visions of  section  fifth  of  this  ordinance,  shall  be  subject  to  a 
penalty  and  fine  of  one  hundred  dollars  for  each  and  every  day 
that  such  owner  may  permit  or  suffer  such  building  to  remain 
after  the  expiration  of  the  time  within  which  such  building  was 
ordered  and  adjudged  to  be  torn  down  or  removed. 


o 


CHAPTEK  XI. 

HEALTH  DEPARTMENT. 

Section;  Section. 

1.  Small  pox  or  other  contagion  ;  du-    3.    Duty  of  person  connected  with  in- 

ty  of  mayar.  fected  family. 

2.  Duty  of  police.  4.    Duty  of  mayor  to  provide  food,  &c. 

5.    Mayor  may  provide  nurses,  &c. 

§  1.  Whenever  the  small  pox,  or  any  other  infectious  or  con- 
tagious disease  exists  in  the  city,  the  mayor  is  empowered,  and  it 
is  hereby  made  his  duty,  to  have  red  flags  put  up  and  kept  up  on 
every  house  in  which  such  disease  shall  break  out,  on  which  flags 
or  on  boards  prepared  for  that  purpose  shall  be  painted  or  printed 
the  name  of  the  disease. 

§  2.  That  it  is  made  the  duty  of  the  police  officers  of  the  city 
to  see  that  all  persons  connected  with  the  families,  or  residing  in 
the  houses  in  which  such  diseases  may  exist,  are  kept  within  the 
infected  districts,  and  the  mayor  shall  so  assign  the  police  officers 
to  duty,  that  one  of  them  shall  visit  such  infected  districts  at  least 
once  in  every  three  hours  in  the  day  time,  and  at  least  twice  in 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


37 


the  night  time,  and  shall  perform  all  necessary  errands  for  the 
persons  or  families  infected;  and  such  police  officers  shall  see  that 
the  persons  connected  with  the  families  infected  aforesaid  are  kept 
within  the  prescribed  limits. 

§  3.  That  it  shall  not  be  lawful  for  any  person  connected  with 
any  family,  or  an  inmate  of  any  house  infected  as  aforesaid,  to 
visit,  or  frequent,  or  go  into  the  business  or  inhabited  portions, 
streets  or  thoroughfares  of  the  citj^  while  such  infectious  or  con- 
tagious disease  shall  be  or  exist  in  the  city,  and  every  person  who 
shall  be  connected  with  any  family  or  an  inmate  of  any  house  in- 
fected, as  aforesaid,  who  shall  visit  or  frequent,  or  go  into  the 
business  or  inhabited  portions,  streets  or  thoroughfares  of  the  city 
while  such  infectious  or  contagious  diseases  shall  be,  or  exist  in 
the  city,  shall  be  subject  to  a  penalty  of  five  dollors  for  every 
time  he  shall  leave  the  said  infected  premises  for  the  purpose  of 
going  into  the  business  or  inhabited  portion,  streets  or  thorough- 
fares of  the  city  as  aforesaid. 

§  4.  That  whenever  it  shall  come  to  the  knowledge  of  the 
mayor  that  any  infectious  or  contagious  disease  has  broken  out 
or  exists  in  the  city,  it  shall  be  the  duty  of  the  mayor  to  give 
notice  to  the  persons  occupying  the  houses  or  premises  in  which 
the  disease  exists,  that  the  provisions  of  this  ordinance  will  be 
enforced,  and  shall  give  notice  that  the  persons  mentioned  in  sec- 
tion three  of  this  ordinance  are  required  to  keep  within  the 
bounds  prescribed,  and  the  mayor  is  further  authorized  to  see 
that  the  families  thus  kept  within  bounds  are  furnished  with  all 
necessary  food  and  medicine. 

§  5.  That  whenever  it  shall  be  necessary,  in  case  of  an  infec- 
tious or  contagious  disease,  to  employ  nurses  or  attendants  for 
the  persons  diseased  as  aforesaid,  the  mayor  is  hereby  authorized 
to  supply  the  necessary  nurses  and  attendants  at  the  expense  of 
the  persons  so  diseased,  or  their  natural  protectors,  when  they 
have  sufficient  property  for  that  purpose,  but  in  the  case  of  a  poor 
person,  or  those  unable  to  procure  the  assistance  of  such  nurses 
or  attendants,  at  the  expense  of  the  city. 


% 


(29) 


§8 


ORDINANCES  Of  THE  CITY  Of  DANViILE. 


CHAPTEE  XII. 

LICENSE. 

Section.  Section. 

1.  Mayor  to  receive  applications  for,    4.    Subject  to  ordinances;  may  be  re- 

&c.  yoked,  &c. 

2.  Applications,  how  made,  sureties,    5.    Not  assignable,  without  consent, 

&c.  6.    Clerk  to  keep  register. 

3.  Terms  ;  must  be  signed,  &c.  7.    Form  of  license, 

8.    Duty  of  marshal. 

§  1.  The  mayor  or  mayor  'pro  tern,  shall  receive  applications 
for  licenses  and  grant  the  same  in  all  cases  where  it  is  not  other- 
wise expressly  provided,  upon  the  terms  and  conditions  specified 
by  ordinance.  But  if  he  shall  not  feel  authorized  to  grant  any 
application  for  a  license  for  any  purpose,  he  may  report  such  ap- 
plication to  the  next  meeting  of  the  city  council  for  their  action 
thereon. 

§  2.  Any  person  desiring  a  license  under  the  ordinances  of  the 
city  for  any  purpose,  shall  make  a  written  application  to  the 
mayor  therefor,  stating  the  purpose  for  which  the  same  is  desired, 
for  what  length  of  time,  and  specify  the  place  where  his  business 
is  to  be  carried  on,  and,  it  required  by  ordinance,  to  file  bond  before 
being  licensed;  he  shall  also  name  his  proposed  sureties  on  his 
bond  in  his  application.  If  the  mayor  shall  grant  such  applica- 
tion, he  shall  indorse  the  same  thereon,  together  with  the  amount 
taxed  for  the  license,  and  upon  the  filing  of  the  application  so 
indorsed,  with  the  city  clerk,  and  the  payment  of  the  amount 
specified,  the  city  clerk  shall  issue  to  such  applicant  a  license  for 
the  purpose  and  time  specified. 

§  3.  ~No  license  shall  be  granted  for  a  longer  period  than  one 
year,  and  all  licenses  shall  be  signed  by  the  mayor  or  the  mayor 
pro  tern.,  and  countersigned  by  the  city  clerk,  under  the  corporate 
seal.  No  license  shall  be  valid  until  signed  and  countersigned  as 
aforesaid,  nor  shall  any  person  be  deemed  licensed  until  a  license 
shall  be  duly  issued  to  him.  Each  license  shall  be  dated  the  day  of 
the  issuing  thereof,  but  if  the  applicant  has  been  acting  without 
a  license,  then  it  shall  be  dated  from  the  time  he  commenced  act- 
ing. 

§  4.  All  licenses  granted  shall  be  subject  to  all  ordinances  re- 
lating to  license  which  may  be  in  force  at  the  time  of  the  issuing 
thereof,  or  which  may  be  subsequently  adopted  by  the  city  coun- 
cil, or  if  any  person  licensed  shall  violate  any  provision  of  any 
ordinance  in  relation  to  his  license,  he  may  be  proceeded  against 
for  any  fine  or  penalty  imposed  thereby,  and  his  license  may  be 
revoked  or  forfeited,  in  the  discretion  of  the  city  council,  or  of  the 
court  or  magistrate  before  whom  any  action  may  be  brought  tor 
the  recovery  of  any  fine  or  penalty* 


Oftt>l ttAft CES  OF  THE  CITY  OP  JDANVILLEi 


§  5.  No  license  granted  shall  be  assignable  or  transferable,  nor 
shall  any  person  be  authorized  to  do  business,  or  act  under  such 
license  but  the  person  to  whom  it  is  granted,  or  in  any  other  place 
than  the  place  specified  therein,  without  the  consent  of  the  city 
council,  to  be  certified  on  such  license  by  the  city  clerk,  nor  shall 
any  license  authorize  any  person  to  act  under  it  at  more  than  one 
place  at  the  same  time,  nor  at  any  other  time  than  is  therein  spec- 
ified. Whoever  shall  violate  any  provisions  of  this  section,  shall 
be  deemed  to  be  acting  without  license,  and  shall  be  subject  to  the 
same  penalty  as  is  prescribed  for  acting  without  license. 

§  6.  The  city  clerk  shall  keep  a  license  register  in  which  he 
shall  enter  the  name  of  each  person  licensed,  for  what  purpose 
licensed,  the  place  of  business,  the  date  of  the  license,  the  amount 
paid  and  the  date  of  the  expiration  of  the  same.  He  shall 
pay  into  the  city  treasury  on  the  first  Monday  of  each  month 
all  money  received  by  him  on  account  of  licenses.  He  may 
charge  and  receive  a  fee  of  fifty,  cents  for  each  license  issued 
by  him  where  the  fee  charged  is  ten  dollars  or  less,  and  one  dollar 
and  fifty  cents  where  the  fee  charged  is  more  than  ten  dollars, 
and  a  fee  of  fifty  cents  for  certifying  the  consent  of  the  city  coun- 
cil to  the  assignment,  transfer  or  change  of  place  of  business  of 
any  license. 

§  7.    Licenses  may  issue,  as  near  as  may  be,  in  the  following 

form,  to-wit:    "A.  B.  -  of  the  city  of  Danville,  to  all  whom 

these  presents  may  come,  greeting :  Know  ye  that  C.  D., 
having  made  application  in  due  form,  filed  bond,  and  paid  into  the 

city  treasury  dollars,  and  in  all  other  respects  complied 

with  the  ordinance  of  the  city  in  this  behalf,  therefore,  I,  A. 
B.,  mayor  of  the  city  of  Danville,  for  and  in  behalf  of  said 
city,  do  hereby  authorize,  empower  and  license  the  said  C.  D., 

(here  set  forth  the  business  or  purpose  of  the  license)  at  for 

 from  —  .    Nevertheless,  this  license  is  granted  upon 

this  express  condition,  that  if  the  said  C.  D.  shall  observe  and 
obey  all  ordinances  of  the  city  which  are  or  may  be  in  force  regu- 
lating or  relating  to  said  business,  then  this  license  shall  be  valid 
for  the  period  j  otherwise  it  may  be  annulled,  revoked  or  forfeit- 
ed at  the  option  of  the  city  council,  or  in  any  other  manner  pro- 
vided by  ordinance. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused 
the  corporate  seal  of  said  city  to  be  affixed  at  the  city  of  Danville, 
this  day  of  A.  D.  18—. 

[seal.]  A.  B.,  Mayor. 

Countersigned  and  registered : 

E.  F.,  City  Clerk." 

§  8.  The  city  marshal  shall  enforce  all  ordinances  in  relation 
to  licenses,  and  shall  from  time  .to  time  examine  the  license  regis- 
ter, and  prosecute  all  persons  who  may  be  acting  without  license, 
and  he  shall  be  entitled  to  a  commission  of  one  dollar  for  each 


40 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


license  so  collected  by  him,  to  be  paid  by  the  person  to  be  licensed, 
and  his  receipt  shall  be  good  to  the  extent  and  purport  thereof; 
but  no  person  shall  be  considered  as  licensed  until  license  shall  be 
issued  in  due  form  as  required  by  ordinance. 


o 


CH^PTEE  XIII. 


LIQUORS. 


Section. 


Section. 


14. 


1.  Liquors;  license  required. 

2.  Mayor  to  grant ;  application  to  be 

in  writing ;  not  to  be  granted  to  15. 
minor  or  non-resident. 

3.  Bonds  required.  16. 

4.  Application  to  state  time,  place  and 

names  of  sureties. 

5.  Application  for  license  to  be  pre-  17. 

sented  to  mayor ;  persons  dis- 
qualified. 

6.  License  ;  when  granted. 

7.  License  to  be  granted  only  to  party 

making  application. 

8.  Dramshop  to  be  closed  on  Sunday ; 

penalty. 

9.  Marshal  and  police  to  enforce  ordi- 

nances. 

10.  License  may  be  revoked  ;  when. 

11.  Dramshop  to  be  closed  at  ten  o'clock,  24. 

p.  M. 

12.  Keeper  of  dramshop  to  keep  orderly 

house ;  penalty.  25. 

13.  Drunkenness  and  gaming  forbid. 

den  ;  penalty. 


18. 

19. 

20. 
21. 

22. 
23. 


Officers  to  report  convictions  ;  pen- 
alty. 

License  not  to  be  granted  when 
fines  are  unpaid. 

Minors  not  to  be  employed  nor 
permitted  to  frequent  dram- 
shops ;  penalty. 

Liquor  not  to  be  sold  to  habitual 
drunkard. 

License  not  to  be  assigned ;  one 
place  of  business. 

License  and  ordinance  to  be  posted. 

Permits  to  druggists. 

Druggists  to  make  application  for 
permit. 

Druggists  to  keep  register ;  penalty. 
False  statement  to  druggist  ;  pen- 
alty. 

Mayor  to  present  application  far 
permit :  permit  to  be  signed  and 
countersigned. 

Subterfuges. 


§  1.  No  person  shall,  within  the  city,  by  himself,  his  servant 
or  clerk,  directly  or  indirectly  sell,  barter,  exchange  or  deliver, 
or  otherwise  dispose  of  any  intoxicating,  malt,  vinous,  mixed  or 
fermented  liquors  in  a  less  quantity  than  one  gallon,  to  be  carried 
away  at  one  time  from  the  place  of  sale  or  delivery,  or  in  any 
quantity  whatever  to  be  drank  upon  the  premises,  or  in  or  upon 
any  adjacent  room,  building,  yard  or  premises  or  place  of  public 
resort,  without  a  license  therefor  in  accordance  with  the  require- 
ments hereof,  under  a  penalty  of  not  less  than  twenty  dollars  and 
not  exceeding  one  hundred  dollars,  for  each  offense. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


41 


§  2.  The  mayor,  by  and  with  the  advice  of  the  city  council, 
may  grant  license  to  such  person  or  persons  as  may  apply  therefor 
to  him  in  writing,  to  retail  intoxicating,  malt,  vinous,  mixed  or 
fermented  liquor  in  any  quantity  less  than  one  gallon,  upon  such 
person  or  persons  paying  into  the  city  treasury  a  sum  at  the  rate 
of  six  hundred  dollars  per  annum,  payable  quarterly  in  advance, 
and  entering  into  bonds  in  the  manner  required  in  the  third  sec- 
tion hereof  Provided,  that  no  license  shall  be  granted  under  the 
provisions  of  this  ordinance  to  any  minor  or  non-resident  of  the 
city. 

§  3.  Before  a  license  shall  be  granted  to  keep  a  dramshop  for 
the  sale  of  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors 
under  the  provisions  hereof,  the  person  or  persons  applying  for 
such  license  shall  execute  a  bond  in  the  penal  sum  of  three  thous- 
and dollars,,  payable  To  the  People  of  the  State  of  Illinois,  with 
at  least  two  good  and  sufficient  sureties,  freeholders  of  the  county 
in  which  the  license  is  to  be  granted,  to  be  approved  by  the  mayor, 
conditioned  that  the  person  to  whom  such  license  is  granted  shall 
pay  to  all  persons  all  damages  that  they  may  sustain  either  in 
person  or  property,  or  means  of  support,  by  reason  of  the  person 
so  obtaining  a  license  selling  or  giving  away  intoxicating  liquors 
as  required  by  law.  And  such  persons  shall  also  execute  a  bond 
to  the  city  of  Danville  in  the  sum  of  one  thousand  dollars  liqui- 
dated damages,  signed  by  at  least  two  freeholders  of  the  city, 
each  to  the  value  over  and  above  their  homestead  exemption  of 
at  least  the  penalty  of  the  bond  as  sureties,  to  be  approved  by  the 
city  council,  and  conditioned  that  the  person  to  whom  such  license 
is  granted  shall  observe  and  obey  ail  laws  and  ordinances  now  in 
force,  or  such  as  may  hereafter  be  in  force  regulating  and  govern- 
ing keepers  of  dramshops ;  and  any  breach  of  its  condition  shall 
work  a  forfeiture  of  the  whole  penalty  thereof  the  amount  of 
which  shall  be  recovered  before  any  court  having  jurisdiction. 
Any  person  offered  as  security  upon  the  first  of  the  herein  named 
bonds,  payable  To  the  People  of  the  State  of  Illinois,  may  be  re- 
quired by  the  mayor  to  appear  in  person  before  him,  and  he  may 
examine  him  under  oath  and  require  him  to  subscribe  and  swear 
to  his  statement  in  regard  to  his  pecuniary  ability  to  become  such 
security. 

§  4.  Any  person  desiring  a  license,  under  the  ordinance 
of  the  city,  to  keep  a  dramshop  for  selling  at  retail  intoxi- 
cating, malt,  vinous,  mixed  or  fermented  liquors  in  less  quantities 
than  one  gallon,  shall  make  a  written  application  to  the  mayor, 
stating  the  length  of  time  for  which  he  desires  such*  license,  the 
place  where  his  business  is  to  be  carried  on,  and  the  names  of  the 
persons  who  will  become  his  sureties  on  the  bond  required  by 
ordinance. 

|  5.  When  application  is  made  for  a  license  to  keep  a  dram- 
shop as  aforesaid,  it  shall  be  the  duty  of  the  mayor  or  mayor  pro 

(30) 


42 


ORDINANCES  Ofc  cif¥  ot  DANVILLE. 


tern,  to  receive  and  present  the  same  at  the  next  meeting  of  the 
city  council,  and  the  city  council  may  grant  the  same  upon  the 
terms  and  conditions  specified  by  ordinance,  unless  the  applicant 
or  one  or  more  of  the  applicants  shall  be  a  minor  or  non-resident 
of  the  city,  or  shall  have  been  convicted  of  some  crime  which  by 
the  laws  of  this  state  would  render  him,  her  or  them  infamous,  or 
shall  have  been  twice  convicted  of  violating  the  ordinance  of  said 
city  concerning,  regulating  or  governing  keepers  of  dramshops 
or  retailers  of  liquors,  or  unless  such  applicant  or  applicants  or 
Some  one  or  more  of  them  shall  have  failed  or  refused,  after  hav- 
ing been  once  convicted  of  any  violation,  to  pay  the  line  or  penalty, 
or  the  cost  or  some  part  thereof  assessed  therefor.  If  the  applica- 
tion be  granted,  the  mayor  or  mayor  pro  tern,  shall  endorse  the 
grant  thereof  on  such  application,  together  with  the  amount  taxed 
for  such  license. 

§  6.  Upon  the  filing  of  the  application  so  endorsed  as  afore- 
said in  the  city  clerk's  office,  together  with  the  bond  aforesaid, 
conditioned  as  aforesaid,  with  such  securities  and  approved  as 
aforesaid,  and  the  approval  thereof  endorsed  thereon,  and  paying 
to  the  city  clerk  the  amount  required  for  such  license,  a  license  to 
retail  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors  in 
any  quantity  less  than  one  gallon  at  the  place  named  in  the  appli- 
cation, shall  be  issued  to  such  applicant  in  the  general  form  and 
manner  prescribed  by  the  ordinance  of  said  city  for  other 
license. 

§  7.  Whenever  any  person  shall  make  application  to  the 
mayor  for  a  license  to  keep  a  dramshop  for  retailing  intoxicating, 
malt,  vinous,  mixed  or  fermented  liquors,  and  the  mayor  or  mayor 
pro  tern,  shall  be  satisfied  that  the  application  is  made  for  the 
benefit  of  any  other  person,  who  is  not  entitled  to  a  license  under 
the  provisions  of  this  ordinance,  or  that  any  such  person  not 
entitled  to  a  license  is  to  be  in  any  manner  interested  in  the  busi- 
ness to  be  carried  on  under  such  license,  or  in  any  manner 
employed  therein,  or  if  he  shall  be  satisfied  that  such  application 
is  made  for  the  purpose  of  avoiding  the  15th  section  of  this  ordi- 
nance, he  shall  refuse  to  grant  such  license,  and  if  any  person 
shall  make  such  application  for  the  benefit  of  any  other  person 
not  entitled  to  a  license  under  the  provisions  hereof,  or  if  any 
person  not  entitled  to  such  license  shall  be  in  any  manner  enter- 
ested  in  the  business  to  be  carried  on  under  such  license,  or  shall 
be  employed  as  an  agent,  clerk  or  servant  in  such  business,  then 
any  license  which  may  be  granted  on  such  application  shall  be 
absolutely  null  and  void. 

§  8.  No  keeper  of  a  dramshop,  licensed  under  the  provis- 
ions hereof  to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors  shall,  on  Sundays,  keep  open  or  suffer  or  permit  be 
kept  open  any  part  of  his  place  of  business,  nor  shall  on  Sundays 
in  any  manner  sell  or  deliver  any  intoxicating,  malt,  vinous, 


ORDINANCES  OP  THE  CITY  OP  DANVILLE. 


43 


mixed  or  fermented  liquors,  or  suffer  or  permit  any  such  liquor 
to  be  used  or  drank  on  his  place  of  business,  or  in  any  place 
adjacent  thereto  under  his  control,  under  a  penalty  of  not  less 
than  fifty  dollars,  nor  more  than  two  hundred  dollars  for  each 
offence. 

§  9.  The  city  marshal  and  policemen  shall  see  that  the  pro- 
visions hereof  are  strictly  observed  and  enforced  and  shall  prose- 
cute all  violations  of  the  same,  and  any  person  may  make  com- 
plaint of  any  violation  before  the  police  magistrate  and  have  the 
offender  prosecuted  as  in  other  cases,  and  it  shall  be  the  duty  of 
the  city  marshal  and  all  policemen  to  arrest  or  cause  to  be  arrested 
and  prosecuted  without  delay  all  persons  who  may  be  found  intox- 
icated or  riotous  in  any  public  place. 

§  10.  Upon  a  second  conviction  for  a  violation  of  any  of 
the  provisions  hereof,  in  addition  to  the  penalty  imposed  the 
license  of  the  offender  may,  by  resolution  of  the  council,  be  re- 
voked or  declared  forfeited  at  the  option  of  the  city  council. 

§  11.  No  keeper  of  a  dramshop  shall  keep  open  or  suffer  to 
be  kept  open  his  place  of  business  at  a  later  hour  than  ten  o'clock 
p.  m.,  nor  shall  suffer  any  person  not  belonging  thereto  or  con- 
nected therewith  to  remain  in  any  part  thereof  after  that  hour, 
under  a  penalty  of  not  less  than  five  dollars,  nor  more  than  one 
hundred  dollars  for  each  violation. 

§  12.  No  keeper  of  a  dramshop  licensed  under  the  provisions 
hereof  to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors,  shall  suffer  any  violent,  tumultuous,  offensive  or  disorderly 
conduct,  or  obscene,  profane  or  unseemly  language,  quarreling, 
fighting,  or  other  disturbance  in  or  about  his  place  of  business,  or 
in  any  place  adjacent  thereto  under  his  control,  to  the  annoyance, 
disturbance  or  vexation  of  others,  under  a  penalty  of  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars  for  each 
violation^ 

§  13.  No  keeper  of  a  dramshop,  licensed  under  the  provisions 
hereof  to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors  as  aforesaid,  shall,  by  himself,  his  clerk  or  his  servant, 
suffer  or  permit  any  person  to  drink  to  excess  on  his  premises, 
nor  shall  suffer  or  permit  any  species  of  gaming  in  any  part  there- 
of, or  in  any  place  adjacent  thereto  under  his  control,  under  a 
penalty  of  not  less  than  ten  dollars,  and  not  exceeding  two  hun- 
dred dollars  for  each  offense. 

§  14.  Whenever  any  person  or  persons  licensed  under  this  or 
any  other  ordinance  of  said  city  to  keep  a  dramshop  as  aforesaid, 
shall  be  by  any  court  of  competent  jurisdiction  adjudged  to  pay  any 
fine,  cost  or  penalty  for  violating  the  ordinance  of  said  city  regu- 
lating, governing  or  concerning  the  keepers  of  dramshops,  it  shall 
be  the  duty  of  the  city  attorney,  city  marshal,  policemen  or  other 
officers  of  the  city  making  complaint  in  or  prosecuting  the  same, 
wherein  such  judgment  was  rendered,  and  each  and  all  such  offi- 


44 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


cers,  immediately  to  report  such  judgment  to  the  mayor;  and  if 
any  such  officers  shall  fail  or  refuse  to  make  such  report  within 
two  days  after  the  rendition  of  such  judgment,  he  shall  be  subject 
to  a  penalty  of  not  less  than  ten  dollars,  nor  more  than  one  hun- 
dred dollars. 

§  15.  Whenever  any  person  licensed  to  keep  a  dramshop  as 
aforesaid,  shall  be  convicted  of  violating  any  ordinance  of  the 
city  concerning,  regulating  or  governing  keepers  of  dramshops 
or  retailers  of  liquors,  it  shall  be  the  duty  of  the  mayor  to  refuse 
to  grant  such  person  any  other  or  further  license  to  retail  intoxi- 
cating, malt,  vinous,  mixed  or  fermented  liquors  in  the  city,  until 
the  fine  or  penalty  adjudged  against  such  person  for  such  viola- 
tion shall  have  been  fully  paid  and  satisfied,  together  with  all 
costs  therein,  or  the  case  wherein  such  fine  or  penalty  was  ad- 
judged shall  have  been  duly  appealed.  And  whenever  any  person 
licensed  to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented  liq- 
uors as  aforesaid  shall  have  been  twice  convicted  before  any  court  of 
competent  jurisdiction  of  violating  any  such  ordinance  of  the 
city,  it  shall  be  in  the  discretion  of  the  mayor  to  refuse  such  per- 
son so  convicted  any  other  or  further  license  to  keep  a  dramshop 
in  said  city;  and  whenever  any  person  so  licensed  as  aforesaid, 
shall  have  been  three  times  convicted  before  any  such  court  of 
violating  any  such  ordinance,  it  shall  be  the  duty  of  the  mayor 
forever  thereafter  to  refuse  to  grant  such  person  so  convicted  any 
license  to  sell  intoxicating,  malt,  vinous,  mixed  or  fermented  liq- 
uors in  said  city.  Provided,  however,  that  if  any  of  the  cases 
wherein  the  persons  licensed  as  aforesaid  shall  have  been  convict- 
ed as  aforesaid  shall  be  appealed,  and  upon  the  hearing  of  such 
cause  on  appeal  such  person  shall  be  found  not  guilty  of  the  vio- 
lation or  violations  for  which  he  was  convicted  in  the  court  below, 
or  of  the  fine  or  penalty  adjudged  for  such  violation  whereof  he 
may  be  convicted  shall  be  remitted  by  the  city  council,  then  such 
conviction  shall  not  be  considered  from  and  after  the  reversal 
thereof,  or  the  remission  of  the  fine  or  penalty  assessed  therefor, 
as  a  conviction  within  the  meaning  of  this  section  so  as  to  bar 
such  person  of  his  right  to  such  license. 

§  16.  No  keeper  of  a  dramshop  licensed  under  the  provision 
hereof  to  sell  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors,  shall  employ  any  minor  as  a  servant  or  clerk  in  his  busi- 
ness, nor  shall  sell,  give  or  deliver  any  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquors  to  any  minor  or  intoxicated  person, 
nor  shall  harbor,  or  entice,  or  suffer  any  intoxicated  person  or 
minor  to  remain  or  loiter  in  or  about  his  place  of  business,  under 
a  penalty  of  not  less  than  ten  dollars,  nor  more  than  one  hundred 
dollars  for  each  offense. 

§  17.  No  keeper  of  a  dramshop  licensed  under  the  provision 
hereof,  nor  any  other  person,  shall  sell,  give  or  deliver  any  in- 
toxicating, malt,  vinous,  mixed  or  fermented  liquors  to  any  habit- 


ORDINANCES  OF"-  THE  CITY  OF  DANVILLE. 


45 


ual  drunkard,  or  to  any  habitually  intoxicated  person,  after  having 
been  notified  by  the  parents  or  other  relative  of  such  person  that 
he  is  an  habitual  drunkard  or  habitually  intoxicated  person,  and 
requesting  such  retailer  or  other  person  not  to  sell,  give  or  deliver 
him  any  such  liquors,  under  a  penalty  of  not  less  than  twenty 
dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

§  18.  No  license  granted  under  the  charter  or  any  ordinance 
of  the  city  for  the  sale  of  intoxicating,  malt,  vinous,  mixed  or  fer- 
mented liquors  shall  be  assignable  or  transferable,  nor  shall  any 
person  be  authorized  to  do  business  or  to  act  under  such  license 
but  the  person  to  whom  it  is  granted,  or  at  any  other  place  than 
the  place  specified  therein,  without  the  consent  of  the  mayor  or 
mayor  pro  tern.,  with  the  approval  of  the  city  council,  to  be  certi- 
fied on  such  license  under  his  hand  and  the  seal  of  the  city,  and 
countersigned  by  the  city  clerk;  nor  shall  any  such  license  author- 
ize any  such  person  to  act  under  it  at  more  than  one  place  at  the 
same  time,  nor  at  any  other  time  than  therein  specified.  Who- 
ever shall  violate  the  provision  of  this  section  shall  be  deemed  as 
acting  without  a  license  and  be  subject  to  the  same  penalty  as  is 
prescribed  for  acting  without  a  license. 

§  19.  Every  keeper  of  a  dramshop  licensed  under  the  pro- 
vision of  the  second  and  third  section  hereof  shall  keep  a  copy  of 
this  ordinance,  together  with  the  license,  posted  up  in  some  con- 
spicuous place  in  his  place  of  business. 

§  20.  The  city  council  of  the  city  of  Danville  may  grant 
permits  to  all  druggists  who  may  apply  therefor  to  them  in 
writing,  to  retail  liquors  in  any  quantity  less  than  one  gallon  for 
medicinal,  mechanical,  sacramental  and  chemical  purposes  only, 
which  permit  shall  extend  to  the  end  of  the  then  municipal  year. 

§  21.  Any  druggist  desiring  a  permit  under  the  ordinance 
of  said  city  to  retail  liquors  in  less  quantities  than  one  gallon  for 
medicinal,  mechanical,  sacramental  and  chemical  purposes,  shall 
make  a  written  application  therefor  to  the  city  council,  stating 
the  place  where  his  business  is  to  be  carried  on. 

§  22.  All  druggists  who  may  be  permitted  as  herein  pro- 
vided to  retail  in  less  quantities  than  one  gallon,  liquors  for  me- 
dicinal, mechanical,  sacramental  and  chemical  purposes  only, 
shall,  before  selling  or  otherwise  disposing  of  any  such  liquors 
as  aforesaid,  use  due  diligence  and  all  reasonable  means  to 
ascertain  that  the  same  is  intended  bona  fide  for  such  purposes, 
and  shall  and  are  required  to  keep  a  register  of  all  such  sales  in  a 
book  provided  by  them  for  that  purpose,  in  which  they  shall  enter 
the  name  of  the  person  obtaining  the  same,  the  name  of  the  liquor 
sold,  the  amount  sold,  and  the  purpose  for  which  said  liquor  was 
intended,  which  said  register  shall  at  all  times  be  kept  in  public 
view  and  open  to  public  inspection.  Any  violation  hereof  shall 
subject  the  offender  to  a  fine  of  not  less  than  twenty  dollars,  and 
not  exceeding  one  hundred  dollars  for  each  offense.     But  this 


46 


ORDINANCES  Of  THE  CITY  OF  DANVILLE. 


shall  not  be  deemed  to  extend  to  prescriptions  of  practicing  phy- 
sicians. 

§  28.  Any  person  who  shall  knowingly,  by  false  statements 
or  misrepresentations  that  the  same  is  for  purposes  purely  medic- 
inal, mechanical,  sacramental  or  chemical,  obtain  or  cause  to 
be  sold  or  delivered  to  him  or  to  any  other  person  whatever  any 
such  liquors  in  a  quantity  less  than  one  gallon,  shall,  on  convic- 
tion thereof,  be  fined  in  a  sum  not  less  than  twenty  dollars,  and 
not  exceeding  one  hundred  dollars  for  each  offense. 

§  24.  When  application  is  made  for  a  permit  as  aforesaid,  it 
shall  be  the  duty  of  the  mayor  to  receive  and  present  the  same  at 
the  next  meeting  of  the  city  council,  and  if  the  application  be 
granted,  to  endorse  the  grant  thereon,  and  upon  the  riling  of  the 
application  endorsed  as  aforesaid  with  the  city  clerk,  a  permit 
shall  be  given  to  retail  such  liquors  in  less  quantities  than  one  gal- 
lon for  medicinal,  mechanical,  sacramental  and  chemical  purposes 
only.  The  permit  shall  be  signed  by  the  mayor  and  bear  the 
corporate  seal  of  the  city  of  Danville,  and  be  countersigned  by 
the  clerk. 

§  25.  The  giving  away  of  intoxicating,  malt,  vinous,  mixed 
or  fermented  liquors,  or  other  device  or  shift  to  evade  the  provis- 
ions or  requirements  hereof,  are  hereby  declared  to  be  within  the 
meaning  and  intent,  and  shall  be  deemed  violations  hereof. 


ORDINANCES  OP  THE  CITY  OF  DANVILLE. 


47 


CHAPTEE  XIV. 


MISDEMEANORS. 


Section. 


Section. 


10. 
11. 
12. 

13. 
14. 

15. 
16 
17. 


18. 
19. 


20. 

21. 

22. 
23. 
24. 

25. 

26. 

27. 


refusal   to  28. 


Unlawful  assembly 

disperse;  penalty. 
Assault,  and  conduct  calculated  to 

provoke  a  breach  of  the  peace  ; 

penalty. 

Disturbance  of  the  peace  and  the  29 
use  of  bad  language  ;  penalty. 

Allowing  unlawful  assemblage ; 
penalty. 

Disturbance   at   night ;  carrying 

weapons ;  &c,  &c. 
Aiding  and  abetting  unlawful  act; 

penalty. 

Disturbing  religious  assemblage ; 
penalty. 

Disturbance  on  the  Sabbath  ;  pen- 
alty. 

False  alarm  of  fire  or  cry  for  assist- 
ance ;  penalty. 

Intoxication  ;  penalty. 

Public  indecency ;  penalty. 

Indecent  book  or  exhibition  ;  pen- 
alty. 

Indecent  writing,  &c. ;  penalty. 
Indecent   exhibition  of  animals ; 

penalty. 
Gaming  and  lottery  ;  penalty. 
Gaming  house,  &c  ;  penalty. 
Disorderly  or  bawdy  house,  &c. ; 

inmates,  supporters,  &c. ;  pen-  41 

alty. 

Vagrancy  ;  penalty.  42 
Billiard  room  and  other  places  of 

amusement   open   on  Sunday: 

penalty. 

Play  or  amusement  on  Sunday ;  43 
penalty. 

Place  of  business  open  on  Sunday  ; 
penalty. 

Cruelty  to  dumb  animals;  penalty. 
Destruction  of  property  ;  penalty. 
Injuring  street  lamps,  telegraph 

wires,  &c,  &c. ;  penalty. 
Lighting  or  extinguishing  street 

lamps  ;  penalty. 
Street  lamps ;  climbing ;  fastening 

animal  to. 
Removing  or  injuring  gas  fixtures  ; 

penalty. 


30. 


38. 


39. 


40. 


44. 
45. 

46. 

47. 

48. 

49. 


Fastening  animals  to  trees,  fences, 
&c;  injuring  trees,  fences,  &c, 
on  public  or  private  premises; 
trespassing  on  property ;  pen- 
alty. 

Sticking  bills  on  premises ;  pen- 
alty. 

Fast  driving ;  duty  of  police  and 
power  of  citizens  to  stop  offen- 
der ;  penalty. 

Vehicles  left  unfastened  ;  penalty. 

Teams  to  keep  to  the  right  ;  pen- 
alty. 

Discharging  fire  arms,  &c. ;  bon- 
fires ;  penalty. 

Selling  poison  without  marking; 
register  to  be  kept ;  penalty. 

Open  cellar,  excavation  on  alley 
or  sidewalk  ;  penalty. 

Open  excavations  ;  penalty. 

Selling  unwholesome  provisions, 
adulterated  milk,  or  liquors  ; 
duty  of  mayor  or  police  to  seize. 

False  weights  and  measures ;  pen- 
alty. 

Disturbance  in  the  night  time  by 
boys  ;  penalty. 

Flying  kites,  and  amusements  im- 
peding travel ;  penalty. 

Rubber  slings  ;  penalty  ;  police  to 
take. 

Throwing  stones,  climbing  fences 
and  trees,  injuring  property ; 
meddling  with  public  well ; 
penalty. 

Disturbance  ;  assault ;  trespass  by 
boys ;  penalty. 

Idling  around  depot ;  penalty. 

Disturbing  railroad  officer,  em- 
ployes and  travelers ;  penalty. 

Jumping  on  cars ;  attempting  to 
ride  thereon ;  penalty. 

Hackmen,  &c,  not  to  approach 
cars  ;  penalty. 

Signs  indicating  the  sale  of  liquors; 
penalty. 

Drinking  in  public  a  nuisance ; 
penalty. 


§  1.  Be  it  ordained  by  the  City  Council  of  the  city  of  Danville, 
That  any  two  or  more  persons  who  shall  assemble  for  the  purpose 


48  ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


of  disturbing  the  peace,  or  of  committing  any  unlawful  act,  and 
who  shall  not  disperse  when  commanded  or  requested  by  any 
peace  officer,  shall  each  and  severally  be  subject  to  a  penalty  of 
not  less  than  three  dollars,  and  not  exceeding  one  hundred 
dollars. 

§  2.  Whoever  shall  assault,  strike  or  fight  another,  or  shall 
be  guilty  of  any  conduct  calculated  to  provoke  a  breach  of  the 
peace,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars, 
and  not  exceeding  one  hundred  dollars. 

§  3.  Whoever  shall  disturb  the  peace,  or  shall  be  guilty  of 
any  violent,  tumultuous,  offensive  or  disorderly  conduct,  or  shall 
use  obscene,  offensive,  profane  or  unseemly  language,  to  the  an- 
noyance, disturbance  or  vexation  of  others,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars,  and  not  exceeding  one  hun- 
dred dollars. 

§  4.  Whoever  shall  knowingly  suffer  or  permit  any  assem- 
blage for  the  purpose  of  disturbing  the  peace,  or  of  committing 
any  unlawful  act,  or  any  breach  of  the  peace,  or  any  riotous, 
tumultuous,  offensive  or  disorderly  conduct,  or  any  loud  Or 
unusual  noise  or  disturbance,  or  obscene,  offensive,  profane  or 
unseemly  language,  to  the  annoyance,  disturbance  or  vexation  of 
others,  in  or  upon  any  premises  owned  or  occupied  by  him,  under 
his  control,  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars. 

§  5.  Whoever  at  a  late  and  unusual  hour  of  the  night  time, 
willfully  and  maliciously  disturbs  the  peace  and  quiet  of  any  neigh- 
borhood or  family,  by  loud  or  unusual  noises,  or  by  tumultuous 
or  offensive  carriage,  threatening,  traducing,  quarreling,  challeng- 
ing to  fight  or  fighting,  or  whoever  shall  carry  concealed  weapons, 
or  in  a  threatening  manner  display  any  pistol,  knife,  slungshot, 
brass,  steel  or  iron  knuckles,  or  other  deadly  weapon,  day  or 
night,  shall  be  fined  not  exceeding  one  hundred  dollars. 

§  6.  Whoever  shall  abet  or  encourage  any  unlawful  act,  or 
any  violation  of  any  ordinance  of  the  city,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars,  and  not  exceeding  one 
hundred  dollars. 

§  7.  Whoever  shall  willfully  or  heedlessly  disturb  any 
assembly  of  persons  met  together  for  religious  worship,  shall  be 
subject  to  a  penalty  of  not  less  than  five  dollars,  and  not  exceed- 
ing one  hundred  dollars. 

§  8.  Whoever  shall  willfully  or  heedlessly  disturb  any  law- 
ful assemblage  of  persons,  or  shall  on  the  Sabbath  day  willfully 
or  heedlessly  disturb  the  peace  or  quiet  of  any  private  family, 
shall  be  subject  to  a  penalty  of  not  less  than  five  dollars,  and  not 
exceeding  one  hundred  dollars. 

§  9.  Whoever  shall  make  a  false  alarm  of  fire,  or  any  false 
cry  for  assistance,  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars,  and  not  exceeding  one  hundred  dollars. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE.  49 


§  10.  Whoever  shall  be  found  in  a  state  of  intoxication  in 
any  public  place,  or  in  anyplace  open  to  public  view,  shall  be 
subject  to  a  penalty  of  not  less  than  three  dollars,  and  not  exceed- 
ing one  hundred  dollars. 

§11.  Whoever  shall  purpose^'  or  publicly  make  any  inde- 
cent exposure  of  his  or  her  person,  or  shall  appear  in  a  dress  not 
belonging  to  his  or  her  sex,  or  in  an  indecent  or  lewd  dress,  or  in 
a  state  of  nudity,  or  shall  be  guilty  of  any  other  indecent  or  lewd 
act  or  behavior,  shall  be  subject  to  a  penalty  of  not  less  than  five 
dollars,  and  not  exceeding  one  hundred  dollars. 

§  12.  Whoever  shall  exhibit,  sell  or  offer  to  sell  any  inde- 
cent, obscene  or  lewd  book,  picture,  statue,  or  other  thing,  or 
shall  exhibit  or  perform  any  indecent,  obscene  or  lewd  play,  exhi- 
bition or  other  representation,  shall  be  subject  to  a  penalty  of  not 
less  than  five  dollars,  and  not  exceeding  one  hundred  dollars. 

§  13.  Whoever  shall  in  anyplace  open  to  public  view,  write, 
mark,  draw,  cut  or  make  any  obscene,  lewd  or  indecent  word  or 
sentence,  design  or  figure,  shall  be  subject  to  a  penalty  of  not  less 
than  five  dollars,  and  not  exceeding  one  hundred  dollars. 

§  14.  Whoever  shall  indecently  exhibit  any  stud  horse,  bull, 
jackass,  or  other  animal  in  any  public  place,  or  shall  let  any  such 
animal,  except  in  some  inclosed  place  out  of  public  view,  shall  be 
subject  to  a  penalty  of  not  less  than  five  dollars,  and  not  exceed- 
ing one  hundred  dollars. 

§  15.  Whoever  shall  in  any  manner  gamble  or  raffle  for  any 
money  or  thing  of  value,  or  for  any  check  or  anything  represent- 
ing or  intended  to  represent  the  same,  or  shall  set  up  any  lottery, 
or  shall  sell  or  dispose  of  for  gain  any  ticket,  chance  or  share  in 
any  lottery,  shall  be  subject  to  a  penalty  of  not  less  than  twenty- 
five  dollars,  and  not  exceeding  one  hundred  dollars  in  each  case. 

§  16.  Whoever  shall  knowingly  suffer  or  permit  any  species 
of  gaming  for  money  or  any  other  thing  of  value,  or  for  an}'  check 
or  other  thing  intended  to  represent  the  same,  in  any  house  or 
premises  owned  or  occupied  by  him  under  his  control,  or  shall 
keep  or  have  in  his  possession  any  gaming  implements  for  the 
purpose  of  gaming  therewith,  shall  be  subject  to  a  penalty  of  not 
less  than  twenty-five  dollars,  and  not  exceeding  one  hundred  dol- 
lars in  each  case. 

§  17.  Whoever  shall  keep,  maintain,  frequent,  be  an  inmate 
of,  or  connected  with,  or  contribute  to  the  support  of  any  disor- 
derly, gaming  or  bawdy  house,  house  of  ill  fame  or  of  assignation, 
or  any  place  for  the  practice  of  fornication,  or  shall  knowingly 
suffer  or  permit  any  premises  owned  or  occupied  by  him  under 
his  control,  to  be  used  for  any  such  purpose,  shall  be  subject  to  a 
penalty  of  not  less  than  twenty-five  dollars,  and  not  exceeding 
one  hundred  dollars,  and  the  provisions  of  this  section  (the 
seventeenth)  shall  extend  one  mile  beyond  the  city  limits. 

§  18.    Any  person  able  to  work  and  maintain  himself  in  some 


50 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 

• 


honest  and  respectable  calling,  not  having  visible  means  of  sup- 
port, who  shall  live  idly  without  employment,  or  loiter  or  stroll 
about  begging,  or  frequenting  gaming  houses,  disorderly  or  bawdy 
houses,  groceries,  tippling  houses,  or  other  places  where  intoxica- 
ting liquors  are  sold,  or  shall  otherwise  lead  an  idle  or  profligate 
course  of  life  j  or  any  person  who  shall  keep  any  gaming  house, 
or  keep  or  exhibit  any  gaming  implements  for  the  purpose  of 
gaming  therewith,  or  shall  pursue  gaming,  or  who  shall  keep, 
maintain,  or  be  an  inmate  of  any  house  of  prostitution,  or  who 
shall  have  in  his  possession  any  implement  used  for  counterfeiting, 
or  for  the  commission  of  burglary,  or  for  picking  locks  or  pockets, 
or  any  Mexican  puzzle  or  other  implement  or  device  used  by 
cheats  and  swindlers,  without  being  able  to  give  a  good  account 
of  his  possession  of  the  same,  or  who  shall  trespass  upon  private 
property  in  the  night  time,  or  habitually  sleep  in  sheds,  stables, 
out-houses,  or  in  the  open  air,  without  being  able  to  give  a  good 
account  of  himself  or  herself,  shall  be  deemed  a  vagrant,  and  shall 
be  subject  to  a  penalty  of  not  less  than  ten  dollars,  and  not  exceed- 
ing one  hundred  dollars. 

§  19.  Whoever  shall,  on  Sunday,  keep  open  any  billiard 
room,  ball  or  pin  alley,  house,  ground  or  other  place  of  amuse- 
ment, or  shall  suffer  or  permit  persons  to  assemble  therein  for  the 
purpose  of  amusement  or  play,  shall  be  subject  to  a  penalty  of  not 
less  than  five  dollars,  and  not  exceeding  one  hundred  dollars. 

§  20.  Whoever  shall,  on  Sunday,  disturb  the  peace  or  good 
order  of  society  by  any  play  or  amusement,  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars,  and  not  exceeding  one  hun- 
dred dollars. 

§  21.  Whoever  shall,  on  Sunday  (except  in  case  of  necessity 
or  for  charitable  purposes,  or  where  the  party  shall  conscientious- 
ly observe  some  other  day  of  the  week  as  the  Sabbath),  keep  open 
his  place  of  business,  or  pursue  his  daily  business  or  avocation, 
shall  be  subject  to  a  penalty  of  not  less  than  five  dollars,  and  not 
exceeding  one  hundred  dollars.  This  section  shall  not  be  con- 
strued as  in  anywise  relating  or  extending  to  hotels,  barber  shops, 
bath  houses  or  livery  stables. 

§  22.  Whoever  shall  inhumanly,  cruelly  or  unnecessarily 
beat,  abuse  or  otherwise  maltreat  any  dumb  animal,  shall  be  sub- 
ject to  a  penalty  of  not  less  than  five  dollars,  and  not  exceeding 
one  hundred  dollars. 

§  23.  Whoever  shall  willfully,  maliciously  or  negligently 
break,  deface,  destroy  or  otherwise  injure  any  public  property  of 
the  state,  county  or  city,  or  any  private  property,  shall  be  subject 
to  a  penalty  of  not  less  than  five  dollars,  and  not  exceeding  one 
hundred  dollars,  and  shall  also  be  liable  for  the  costs  and  expenses 
of  repairing  the  injuries  committed,  which  shall  be  added  to  the 
penalty  and  constitute  a  part  thereof. 


ORDINANCES  OF  THE  CITY  OP  DANVILLE. 


51 


§  24.  Whoever  shall  willfully,  maliciously  or  negligently 
break,  deface,  destroy,  or  in  any  manner  injure  any  street  lamp 
or  lamp  post,  or  telegraph  post  or  telegraph  wires,  shall  be  subject 
to  a  penalty  of  not  less  than  five  dollars,  and  not  exceeding  one 
hundred  dollars,  and  in  addition  thereto  the  amount  of  the  costs 
and  expenses  of  repairing  the  injuries  committed  shall  be  added 
to  the  penalty  and  form  a  part  thereof. 

§  25.  Whoever  shall  without  due  authority,  light  or  extin- 
guish any  street  lamp,  shall  be  subject  to  a  penalty  of  not  less1 
than  five  dollars,  and  not  exceeding  one  hundred  dollars. 

§  26  Whoever  shall  climb  upon  any  street  lamp  post,  or 
fasten  any  horse  or  other  animal  thereto,  or  shall  hang  or  place 
an)-  goods,  boxes,  wood  or  other  substance  upon  or  against  the 
same,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars, 
and  not  exceeding  one  hundred  dollars. 

§  27.  Whoever  shall  willfully  remove,  injure,  destroy  or 
carry  away  any  cap  or  lid  placed  upon  service  boxes  of  the  gas 
light  company,  upon  the  sidewalks  of  the  city,  shall  be  subject  to 
a  penalty  of  not  less  than  ten  dollars,  and  not  exceeding  one  hun- 
dred dollars. 

§  28.  WThoever  shall,  without  the  consent  of  the  owner  or 
occupant  of  the  premises,  fasten  any  horse  or  other  animal  to 
any  fence,  railing  or  tree,  or  to  any  boxing  placed  around  any 
tree,  or  shall  willfully,  maliciously  or  negligently,  in  any  manner 
injure,  deface,  remove  or  destroy  any  ornamental  or  shade  tree, 
or  boxing  placed  around  the  same,  or  any  shrub,  fence,  railing, 
gate  or  sign,  upon  any  public  grounds,  sidewalks  or  private  prem- 
ises; or  shall  trespass  upon  any  private  premises  or  public 
grounds,  and  injure,  carry  away  or  destroy  any  tree,  fruit,  vegeta- 
ble, plant,  shrub,  or  other  thing  which  may  be  therein  for  orna- 
ment or  otherwise,  shall  be  subject  to  a  penalty  of  not  less  than 
five  dollars,  and  not  exceeding  one  hundred  dollars. 

§  29.  Whoever  shall,  without  the  consent  of  the  owner  or 
occupant  of  the  premises,  post,  put  up,  stick  or  place  any  handbill, 
placard,  show  bill  or  notice  upon  any  building  or  place,  or  shall 
mark,  cut,  scratch,  or  otherwise  deface  any  place,  or  any  part  of 
any  building,  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars. 

§  30.  Whoever  shall  purposely  and  rapidly,  or  immoderately 
ride  or  drive  any  horse  or  mule,  or  any  cattle  or  other  like  ani- 
mals, or  any  team,  in  any  street  or  alley  in  the  inhabited  part  of 
the  city,  may  be  stopped  by  any  person,  and  shall  be  stopped  by 
any  police  officer,  and  shall  be  subject  to  a  penalty  of  not  less 
than  three  dollars,  and  not  exceeding  one  hundred  dollars. 

§  31.  Whoever  shall  have  any  horse  or  mule  or  any  team 
in  any  uninclosed  or  public  place  without  being  fastened,  guarded 
or  secured,  so  as  to  prevent  its  running  away,  shall  be  subject  to 


52  ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


a  penalty  of  not  less  than  three  dollars,  and  not  exceeding  one 
hundred  dollars. 

§  32.  All  persons  meeting  each  other  in  vehicles  in  the 
streets  or  alleys  or  in  any  public  place,  or  upon  or  near  any 
bridge,  shall,  unless  the  nature  or  state  of  the  roadway  or  pass- 
way  shall  render  it  impracticable,  each  turn  and  drive  to  the  right 
side,  so  as  to  pass  each  other  without  accident  or  injury.  Who- 
ever shall  violate  the  requirements  of  this  section  shall  be  subject 
to  a  penalty  of  not  lesss  than  three  dollars,  and  not  exceeding  one 
hundred  dollars,  and  shall  be  likewise^iable  for  all  damages  that 
may  accrue  from  collision,  unless  it  be  satisfactorily  shown  that 
the  same  occurred  from  the  fault  or  misconduct  of  the  other 
party. 

§  33.  Whoever  shall,  in  the  inhabited  part  of  the  city,  fire 
or  discharge  any  cannon,  gun  or  pistol  or  other  fire  arm,  or  shall 
set  off  or  explode  any  torpedo,  fire  cracker,  fire  ball  or  rocket  or 
other  fire-works  whatever,  or  shall  make  or  kindle  any  bonfire, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars,  and  not 
exceeding  one  hundred  dollars.  But  the  discharge  of  fire  arms, 
the  setting  or  exploding  of  fire- works,  and  the  making  of  bon- 
fires upon  national  holidays  and  the  celebration  of  other  public 
and  general  events,  or  the  discharge  of  fire  arms  by  the  members 
of  any  military  company  when  on  parade  and  in  accordance  with 
the  command  of  the  commanding  officer,  or  by  any  city  officer  or 
person  in  the  discharge  of  any  legal  duty  or  lawful  act,  when  the 
same  may  be  done  in  such  a  manner  as  not  to  endanger  the  safety 
of  any  person  or  the  injury  of  any  property,  shall  not  be  deemed 
violations  hereof. 

§  34.  Whoever  shall  keep,  sell  or  deliver  any  poison  usually 
known  or  used  as  deadly  poison,  wilhout  legibly  marking  the 
name  thereof  or  the  word  "poison"  upon  the  vial,  wrapper  or 
other  inelosure  containing  the  same;  or  whoever  shall  sell  or  de- 
liver any  arsenic,  strychnine,  prussic  acid  or  other  poison  usually 
known  or  used  as  a  deadly  poison,  to  any  person  known  to  him, 
without  registering  the  name  of  such  person,  and  the  kind  and 
quality  of  the  poison  sold  or  delivered,  and  the  purpose  for  which 
the  same  was  obtained;  or  whoever  shall  sell  or  deliver  any  such 
poison  to  any  person  to  him  unknown,  shall  be  subject  to  a  pen- 
alty of  not  less  than  five  dollars,  and  not  exceeding  one  hundred 
dollars  in  each  case.  But  the  sale  or  delivery  of  any  such  poison 
as  a  medicine  upon  the  prescription  of  a  practicing  physician, 
shall  not  be  deemed  a  violation  of  this  section. 

§  35.  Whoever  shall  in  the  night  time  leave  open  any  cellar, 
cellar  door,  vault,  well,  cistern,  excavation,  ditch  or  other  like  hole 
upon  or  adjoining  any  street,  alley  or  sidewalk,  without  securing 
and  protecting  the  same  so  as  not  to  endanger  the  safety  of  per- 
sons or  animals  passing  thereby  from  falling  therein,  shall  be 


ORDINANCES  OF  THE  CITY  OP  DANVILLE. 


53 


subject  to  a  penalty  of  not  less  than  three  dollars,  and  not  exceed- 
ing one  hundred  dollars. 

§  36.  Any  contractor  for  any  public  work,  officer  or  other 
person  making  any  excavation  upon  or  adjoining  any  street,  alley 
or  sidewalk,  or  having  the  same  in  charge,  who  shall  in  the  night 
time  leave  the  same  open  and  unprotected  so  as  to  endanger  the 
safety  of  persons  or  animals  passing  thereby  from  falling  therein, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars,  and 
not  exceeding  one  hundred  dollars. 

§  37.  Whoever  shall  knowingly  sell,  expose,  or  offer  for  sale 
any  sick  or  diseased  animal,  poultry  or  fish,  to  be  used  or  eaten 
for  food,  or  the  flesh  of  any  sick,  diseased  or  otherwise  unwhole- 
some dead  animal,  poultry  or  fish,  or  the  fi$sh  of  any  animal, 
fowl  or  fish  not  usually  used  or  deemed  unwholesome  for  food,  or 
any  unsound  or  unwholesome  provisions  or  article  of  food  what- 
ever, or  any  adulterated  or  pernicious  milk,  drink  orliquors,  shall 
be  subject  to  a  penalty  of  not  less  than  ten  dollars,  and  not  ex- 
ceeding one  hundred  dollars  in  each  ease;  and  the  mayor  or  any 
police  officer  shall  seize,  or  cause  to  be  seized  and  destroyed  any 
such  food,  milk,  drink  or  other  provisions  so  exposed  or  offered 
for  sale. 

§  38.  Whoever  shall  knowingly  use  any  false  scale,  beam, 
weight  or  measure  in  the  purchase  or  sale,  receipt  or  delivery  of 
any  goods,  article  or  property  purchased  or  sold,  received  or  de- 
livered by  weight  or  measure,  or  shall  use  any  weight  or  measure 
for  the  purchase  or  sale,  receipt  or  delivery  of  any  goods,  article 
or  property  purchased,  used  or  sold,  received  or  delivered  by 
weight  or  measure,  knowing  the  same  to  be  materially  inaccurate 
and  different  from  the  standard  prescribed  by  the  state,  or  shall 
sell  or  deliver  any  goods,  article  or  property  sold  or  delivered  by 
weight  or  measure,  and  purporting  to  be  of  a  certain  weight  or 
measure,  knowing  the  same  to  be  materially  less  than  the  true 
weight  or  measure  for  which  the  same  was  sold  or  delivered,  shall 
be  subject  to  a  penalty  of  not  less  than  ten  dollars,  and  not  ex- 
ceeding one  hundred  dollars  in  each  case. 

§  39.  Any  two  or  more  boys  who,  in  the  night  time,  maybe 
assembled  together  and  disturbing  any  lawful  assembly  of  per- 
sons, or  making  any  unusual  noise  or  disturbance,  to  the  disquiet 
or  annoyance  of  the  neighborhood  j  or  who  may  be  found  loiter- 
ing or  strolling  about,  and  who  shall  not  disperse  and  go  to  their 
several  homes  wThen  required  by  the  mayor  or  any  police  officer, 
shall  each,  severally,  be  subject  to  a  penalty  not  exceeding  five 
dollars  in  each  case. 

§  40.  No  boy  or  other  person  shall,  in  the  inhabited  part  of 
the  city,  use  or  drive  any  hoop,  or  play  with  any  ball,  or  use  any 
bow  and  arrow,  or  raise  and  fly  any  kite  or  smoke  or  fire  bal- 
loon, or  (except  upon  national  or  other  public  and  general  cele- 
brations) make  or  kindle  any  bonfire  or  fire,  explode  or  set  off 

(33) 


54 


ORDINANCES  OP  THE  CITY  OP  DANVILLE. 


any  fire  arms,  fire  balls,  fire  crackers,  torpedoes,  rocket,  or  other 
fire  works,  or  shall  otherwise  pursue  any  amusement  or  exercise 
calculated  to  impede  travel  or  frighten  animals,  or  injure  or  an- 
noy persons  passing  along  the  streets  or  sidewalks,  under  a  pen- 
alty not  exceeding  five  dollars  in  each  case. 

§  41.  It  shall  be  unlawful  for  any  boy  or  other  person  to 
have  in  his  possession  any  sling,  rubber  sling,  or  other  implement 
or  device  whatsoever,  for  the  casting  or  throwing  of  stones,  bul- 
lets, or  anything  whatsoever,  under  a  penalty  not  exceeding  ten 
dollars,  and  any  officer  created  a  conservator  of  the  peace  by  the 
ordinances  of  the  city,  may,  and  the  marshal  and  all  policemen 
shall,  immediately  take  possession  of  any  such  sling,  rub- 
ber sling,  or  other  implement  or  device  aforesaid,  whenever  the 
same  shall  be  found  in  the  possession  of  any  boy  or  other  person, 
and  shall  arrest  the  boy  or  other  person,  in  whose  possession  the 
same  is  found,  and  shall  detain  him  in  custody  until  he  can  be 
brought  before  the  police  magistrate  or  other  competent  court,  as 
in  other  cases  for  the  violations  of  the  city  ordinances. 

§  42.  ~No  boy  or  other  person  shall  purposely  or  heedlessly 
cast  or  throw  any  stone  or  missile,  from  or  into  any  public  place, 
or  at  any  person,  or  at,  upon,  against  or  into  any  building,  prem- 
ises, tree  Or  other  property,  or  shall  walk  upon  the  top  of  any 
bridge  or  railing  thereof,  or  the  top  or  capping  of  any  fence  or 
railing,  or  climb  upon  the  same,  or  into  any  shade  or  ornamental 
tree  upon  any  sidewalk  or  elsewhere,  without  the  consent  of  the 
owner  thereof,  or  shall  in  anywise  injure,  deface  or  destroy  any 
building,  fence,  railing,  tree  or  other  property,  or  shall  meddle 
with  any  public  well,  cistern  or  pump,  under  a  penalty  of  not  ex- 
ceeding ten  dollars  in  each  case. 

§  43.  Any  boy  or  other  person  who  shall  willfully  or  heed- 
lessly make  any  unusual  noise  or  disturbance,  to  the  disquiet  or 
annoyance  of  others,  or  shall  disturb  any  assembly  met  for  relig- 
ious worship,  or  any  other  lawful  assembly  of  persons,  or  who 
shall  assault  or  strike  any  other  boy  or  person,  or  who  shall  tres- 
pass upon  any  public  grounds  or  private  premises,  and  injure, 
carry  away  or  destroy  any  tree,  fruit,  vegetables,  plant,  shrub,  or 
other  thing  of  value  therein,  or  who  shall  get  into  or  upon  any 
Wagon  or  other  vehicle,  without  the  consent  of  the  owner  thereof, 
or  shall  otherwise  purposely  annoy  or  molest  any  other  person, 
shall  be  subject  to  a  penalty  not  exceeding  ten  dollars  in  each  case. 

§  44.  Any  boy  or  other  person  who  shall,  by  idling  around 
the  depot  of  any  railway,  or  the  grounds  adjoining  thereto  and 
used  in  connection  therewith,  impede,  molest  or  obstruct  the 
officers  or  employes,  or  any  of  them,  engaged  in  running  cars  or 
locomotives  on  such  railroad,  or  in  prosecuting  their  or  his  lawful 
business  or  duties  connected  therewith,  and  shall  not  on  being 
requested  so  to  do  by  any  such  officer  or  employe,  or  the  marshal 
or  any  policeman  of  this  city,  immediately  leave  such  depot 


ORDINANCES  OP  THE  CITY  OP  DANVILLE.  55 


or  grounds,  shall  be  deemed  guilty  of  a  misdemeanor,  and  be 
subject  to  a  penalty  of  not  less  than  three  dollars,  and  not  exceeding 
One  hundred  dollars. 

§  45.  Any  boy  or  other  person  who  shall  by  unnecessarily 
running  about  the  depot  of  any  railroad,  or  the  grounds  used  in 
connection  therewith,  obstruct,  interrupt  or  disturo  any  officer  or 
employe  of  the  person,  company  or  corporation  having  charge  of 
and  operating  such  railroad,  from  or  in  prosecuting  or  carrying 
on  the  proper,  legitimate  and  lawful  business  of  such  person,  com- 
pany or  corporation,  in  connection  with  the  operating  of  such 
railroad,  or  shall  interfere  with  r>r  disturb  any  traveler  or  travel- 
ers by  such  railroad,  or  other  person  or  persons  having  lawful 
business  to  transact  there,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  liable  to  a  penalty  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars. 

§  46.  Any  person  who  shall  jump  or  climb  upon  or  catch 
hold  of  and  hang  to  any  railroad  car  or  locomotive,  while  the 
same  is  in  motion,  or  who  shall  by  clinging  to  the  outside  of,  or 
climbing  or  getting  upon  any  such  car  or  locomotive,  whether 
in  motion  or  not  at  the  time  of  clinging  to  or  climbing  or 
getting  upon  the  same,  attempt  to  ride  thereon  from  one 
lace  to  another  within  the  city,  not  being  or  intending  to 
ecome  a  passenger  on  such  railroad,  by  the  train  with  which  such 
car  or  locomotive  is  connected,  beyond  the  limits  of  the  city  or 
from  one  station  to  another  on  said  railroad,  and  not  being  an 
officer  or  employe  of  the  person,  company  or  corporation  opera- 
ting and  controlling  such  railroad,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  subject  to  a  penalty  of  not  less  than' 
three  dollars,  and  not  exceeding  one  hundred  dollars. 

§  47.  No  hackman,  hotel  runner,  'bus  driver  or  runner  for 
public  houses  or  other  things  or  persons,  in  plying  their  vocations 
or  soliciting  patronage  at  any  of  the  railroad  depots  in  said  city, 
shall  approach  any  train  or  car  of  such  railroads  nearer  than  a 
distance  of  ten  feet.  For  every  violation  of  this  section,  the 
offender  shall  be  subject  to  a  fine  of  not  less  than  three  dollars, 
nor  more  than  twenty-five  dollars  for  each  offence. 

§  48.  No  person  or  persons  within  the  limits  of  said  city,  not 
having  a  legal  license  to  retail  intoxicating  liquors,  shall  exhibit 
nor  permit  any  sign,  letters  or  caricature  on  the  outside  of  his 
building  or  place,  nor  shall  keep  or  permit  to  be  kept  any  bar 
with  bottles,  barrels,  kegs  or  other  vessels  containing  such  liquors 
within  his  building  or  place,  occupied  by  him  or  her,  indicating 
or  which  shall  be  intended  to  indicate,  that  any  vinous,  spirituous, 
mixed,  malt  or  other  intoxicating  liquors  whatever,  are  kept  and 
sold  at  such  places  in  less  quantity  than  one  gallon,  under  a  pen- 
alty of  not  less  than  three  dollars,  and  not  exceeding  one  hun- 
dred dollars  for  each  day  the  same  shall  remain  in  such  place  or 


56  ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


places,  after  notice  by  the  city  marshal  or  other  police  officer,  to 
such  person  or  persons  to  remove  the  same. 

§  49.  If  two  or  more  persons  shall  assemble  together,  or 
who,  being  together,  shall  in  any  public  place  or  in  any  place 
open  to  public  view  within  the  corporate  limits  of  the  city  of  Dan- 
ville, drink  any  vinous,  spirituous,  fermented,  mixed,  malt  or  other 
intoxicating  liquors  of  any  kind  whatsoever,  they  shall  be  deemed 
guilty  of  creating  a  nuisance,  and  shall  each  be  subject  to  a  pen- 
alty of  not  less  than  five,  and  not  exceeding  one  hundred  dollars 
for  each  offence. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


57 


CHAPTER  XV. 


NUISANCES. 


Section.  Section. 

1.  Nuisance    defined;     refusing  to  12. 

abate ;  penalty. 

2.  Hog  pen,  when  offensive,  declared 

a  nuisance  ;  penalty  for  refusing 
to  abate  after  notice.  13. 

3.  Nausems  liquid,  etc.,  discharged 

from  premises,  a  nuisance  ;  per- 
mitting the  same  ;  penalty.  14. 

4.  Depositing  offensive  liquid  or  sub- 

stance within  the  city  or  within  15. 
half  a  mile  thereof,  a  nuisance ; 
penalty. 

5.  Permitting  dead  animal  to  remain 

in  the  city,  or  within  half  a  mile 
thereof,  a  nuisance  ;  penalty.  16. 

6.  Dead  animal  to  be  removed  without 

unnecessary  offense :  penalty. 

7.  Nuisance  found  ;  owner  to  abate  on 

notice  ;  on  refusal  of  the  owner, 
officer  to  abate  and  bring  suit 
in  name  of  city ;  nuisance  on 
premises  where  owner  or  author  17. 
is  unknown  :  occupant  or  agent 
to  abate  ;  penalty  for  refusing;  18. 
duty  of  officer  to  report  under 
oath  for  allowance  and  assess- 
ment against  property.  19. 

8.  Stagnant  water  on  premises  a  nuis- 

ance. 20. 

9.  Premises  when  reported  to  the  city 

council  as  a  nuisance  to  be  re- 
ferred to  a  committee  for  report. 

10,  Power  of  council  on  report  of  com- 

mittee. 

11.  Duty  of  mayor  or  marshal  after  21. 

passage  of  an  ordinance  declar- 
ing premises  a  nuisance  ;  mayor 
to  send  copy  of  ordinance  to 
absent  owner;  ordinance  to  be  22. 
published  when  owner  is  un- 
known. 23. 


Mayor  to  cause  lot  to  be  filled  up, 
etc. ;  cost  to  be  reported  to 
council ;  costs  recovered  by  suit 
or  assessment. 
Cost  of  abating  nuisance  to  be  kept 
separate  and  apportioned  equit- 
ably. 

Dilapidated  or  dangerous  building 

a  nuisance. 
Such  building  to  be   referred  to 
committee  on  fire  and  water  for 
report ;  city  council  to  pass  an 
ordinance  to  remove  or  make 
good  such  building. 
Duty  of  mayor  after  passage  of 
such   ordinance ;     marshal  to 
serve  notice  and  mayor  to  send 
notice  to  absent  owner ;  when 
owner  is  unknown,  notice  to  be 
given  by  publication  ;  power  of 
mayor  to  tear  down  building. 
Duty  of  marshal ;  costs,  how  col- 
lected. 

Refusal  of  owner  to  remove  or 
make  good  such  building,  etc.  ; 
penalty. 

Building  in  danger  of  falling  a  nui- 
sance. 

Duty  of  mayor  to  appoint  com- 
mittee to  inspect  such  building  : 
to  notify  owner  ;  duty  of  mayor 
on  refusal  of  owner  to  comply 
with  notice ;  penalty,  how  re- 
covered. 

Scaffolds  to  be  secure  and  suffi- 
cient ;  insecure  scaffolds  a  nuis- 
ance ;  penalty  ;  officers  to  abate 
and  bring  suit. 
Slaughter  houses,  etc.,  prohibited 

without  permit. 
Permit,  how  obtained. 


§  1.  Any  premises  or  part  thereof  which  may  be  nauseous, 
foul  or  offensive  to  the  neighborhood,  or  to  any  person  or  family 
residing  near  the  same,  or  to  persons  passing  along  any  street  or 
alley  near  the  same,  or  which  may  be  in  such  a  condition  as  to  be 
detrimental  or  obnoxious  to  the  public  health  or  comfort,  shall  be 
deemed  a  nuisance;  and  any  owner  or  occupant  of  such  premises, 
who  shall  refuse  or  neglect  to  abate,  remedy  or  remove  such  nuis- 

(34) 


t  \ 

58 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


ance,  or  cleanse  such  premises,  after  notice  thereof  by  the  supervi- 
sor, the  marshal,  or  any  policeman,  or  any  person  aggrieved 
thereby,  shall  be  subject  to  a  penalty  of  five  dollars  for  each  day 
he  shall  so  neglect  to  abate,  remove,  remedy  or  cleanse  the  same 
after  such  notice. 

§  2.  Any  pen,  place  or  premises  in  which  swine  are  kept  or 
confined,  which  may  be  offensive  or  an  annoyance  to  any  person 
residing  near  the  same,  or  to  persons  passing  along  any  street  or 
alley  near  the  same,  is  hereby  declared  to  be  a  nuisance.  And  the 
owner  or  keeper  of  such  swine,  or  the  owner  or  occupant  of  the 
premises,  who  shall  neglect  or  refuse  to  abate,  remedy  or  remove 
such  nuisance,  after  notice  thereof  by  the  supervisor,  the  marshal 
or  any  policeman,  or  any  person  aggrieved  thereby,  shall'  be 
subject  to  a  penalty  of  five  dollars  for  each  day  he  shall  so  neglect 
or  refuse  to  abate,  remedy  or  remove  such  nuisance  after  such 
notice. 

§  3.  Any  nauseous,  foul,  offensive  or  putrid  liquid  or  sub- 
stance,"or  any  liquid  or  substance  likely  to  become  nauseous,  foul, 
offensive  or  putrid,  which  may  be  discharged,  placed,  thrown  or 
flow  from  or  out  of  any  premises  into  any  street  or  alley,  or  into 
any  adjacent  premises,  is  hereby  declared  a  nuisance;  and  whoever 
shall  throw,  place  or  discharge  any  such  nauseous,  foul,  offensive 
or  putrid  liquid  or  substance,  or  any  liquid  or  substance 
likely  to  become  nauseous,  offensive,  foul  or  putrid,  into  any 
street  or  alley,  or  into  any  adjacent  premises,  or  shall  permit 
any  such  nuisance  to  flow  or  to  be  discharged  from  or  out 
of  any  premises  owned  or  occupied  by  him  or  under  his 
control,  into  any  street  or  alley,  or  into  any  adjacent  premises, 
shall  be  subject  to  a  penalty  of  ten  dollars,  and  to  a  like  penalty 
for  each  day  he  shall  not  abate,  remedy  or  remove  the  same  after 
notice  thereof  by  the  supervisor,  the  marshal,  any  policeman 
or  any  person  aggrieved  thereby. 

§  4.  Whoever  shall  deposit,  throw,  discharge,  or  leave  any 
nauseous,  foul,  offensive  or  putrid  liquid,  substance  or  excrement, 
or  any  liquid  or  substance  likely  to  become  nauseous,  foul,  offen- 
sive or  putrid  within  the  city,  or  (so  as  to  be  or  likely  to  become 
offensive  or  injurious  to  the  health  or  comfort  of  any  person  resid- 
ing within  the  city)  within  one  half  mile  thereof,  shall  be  deemed 
guilty  of  a  nuisance  and  subject  to  a  penalty  of  five  dollars,  and  to 
a  like  penalty  for  each  day  he  shall  not  abate,  remedy  or  remove 
such  nuisance  after  notice  thereof  by  the  marshal,  supervisor,  any 
policeman,  or  any  resident  of  the  city  aggrieved  thereby. 

§  5.  Any  person  who  shall  knowingly  suffer  any  dead  ani- 
mal belonging  to  him  to  remain  within  the  city,  or  within  one 
half  mile  thereof,  so  as  to  be  or  likely  to  become  putrid  and  nau- 
seous, or  inoffensive  to  any  person  residing  within  the  city,  shall 
be  deemed  guilty  of  a  nuisance,  and  shall  be  subject  to  a  penalty 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


59 


of  not  less  than  three  dollars,  and  not  exceeding  one  hundred 
dollars. 

§  6.  No  person  shall,  in  removing  any  dead  animal  or 
excrement,  or  any  other  nauseous,  offensive  or  putrid  liquid  or 
substance,  purposely  or  unnecessarily  cause  the  same  to  be  offen- 
sive or  annoying  to  any  other  person,  under  a  penalty  of  not  less 
than  three  dollars,  and  not  exceeding  one  hundred  dollars 

§  7.  When  any  nuisance  or  anything  likely  to  become  a  nui- 
sance shall  be  found  by  the  supervisor,  the  marshal,  any  police- 
man or  any  alderman,  or  shall  be  reported  to  them  or  either  of 
them,  the  owner,  author  or  cause  of  such  nuisance  shall  forthwith 
be  notified  to  abate,  remedy  or  remove  the  same;  and  in  case  he 
should  not  comply  with  such  notice,  the  officer  shall  abate  such 
nuisance  and  bring  suit  against  such  person  in  the  name  of  the 
city,  for  the  penalty;  and  the  costs  of  the  removal  or  abatement 
may  also  be  recovered  with  the  penalty  or  by  a  separate  suit  in 
the  name  of  the  city,  before  any  court  having  jurisdiction.  When 
any  nuisance  or  anything  likely  to  become  a  nuisance  may  be 
found  upon  any  premises,  and  the  owner,  author  or  cause  of  such 
nuisance  is  unknown  or  cannot  be  found,  the  owner,  occupant  or 
agent  of  such  premises  shall  be  notified  to  abate  the  same,  and  if 
such  owner  or  his  agent  or  occupant,  whose  duty  it  is  to  abate 
such  nuisance,  shall  not  comply  with  such  notice,  he  shall  be  sub- 
ject to  a  penalty  of  not  less  than  three  dollars,  and  not  exceeding 
one  hundred  dollars  j  and  the  officer  shall  proceed  without  delay 
to  abate  the  same,  and  may  bring  suit  in  the  name  of  the  city 
against  the  person  liable  therefor  for  the  penalty  and  costs  of 
removal  or  abatement,  as  in  other  cases  j  or  if  no  person  liable 
therefor  can  be  found,  may  report  such  costs  under  oath  to  the 
city  council  for  allowance  and  assessment  against  the  premises 
chargeable  therewith.  When  the  owner,  author  or  cause  of  such 
nuisance,  or  the  owner  or  his  agent,  or  the  occupant  of  the  prem- 
ises upon  which  such  nuisance  may  exist  is  unknown  or  cannot 
be  found  within  the  city,  the  officer  shall  abate  such  nuisance 
forthwith  without  notice,  and  may  bring  suit  in  the  name  of  the 
city  for  the  penalty  and  costs  of  removal  or  abatement  against 
the  owner,  author  or  cause  of  such  nuisance,  or  the  owner  or  occu- 
pant of  the  premises  or  other  person  liable  therefor;  or  if  no  per- 
son liable  therefor  can  be  found,  may  report  the  cost  of  such 
removal  or  abatement  under  oath  to  the  city  council  for  allow- 
ance and  assessment  against  the  premises  chargeable  therewith. 

§  8.  Any  lot  or  premises  upon  which  stagnant  water  may  be 
standing,  so  as  to  become  or  likely  to  become  putrid,  foul,  offensive 
or  detrimental  to  the  health  and  comfort  of  persons  residing  in  the 
neighborhood  thereof,  is  hereby  declared  to  be  a  nuisance. 

§  9.  When  any  lot  or  premises  shall  be  reported  to  the  city 
council,  either  verbally  or  in  writing  by  the  city  marshal,  the  city 
supervisor  or  any  policeman,  or  any  other  person  residing  in  the 


m 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


neighborhood  thereof,  as  a  nuisance  from  stagnant  water  standing 
thereon,  or  any  other  cause  detrimental  to  the  public  health  or 
comfort,  or  is  likely  to  become  a  nuisance  from  any  other  such 
cause,  the  city  council  shall  refer  the  matter  to  a  committee  of  not 
less  than  three,  to  be  appointed  for  that  purpose  by  the  mayor, 
whose  duty  it  shall  be  to  examine  into  the  condition  of  such  lot 
or  premises,  and  if  the  same  shall  be  found  in  such  condition  as  to 
be  detrimental  or  obnoxious  to  the  health  or  comfort  of  persons 
residing  in  the  neighborhood,  to  report  such  lot  or  premises  as  a 
nuisance  to  the  city  council,  stating  the  cause,  and  the  manner 
deemed  best  for  abating  such  nuisance,  either  by  filling  up  or 
draining  the  same,  or  otherwise  disposing  of  the  same-. 

§  10.  When  any  lot  or  premises  shall  be  reported  to  the 
city  council  as  a  nuisance  by  such  committee,  the  city  council  may 
by  the  passage  of  an  ordinance  declare  such  lot  or  premises  a  nui- 
sance, stating  the  cause  therefor,  and  require  the  owner  or  occu- 
pant of  the  lot  or  premises,  or  the  person  liable  therefor,  to  fill 
up  or  drain  such  lot  or  premises,  or  otherwise  abate  such  nuisance, 
within  such  time  as  may  be  named  in  the  ordinance. 

§  11.  The  mayor  or  marshal  shall,  without  delay,  after  the 
passage  of  any  ordinance  declaring  any  lot  or  premises  a  nuisance 
and  requiring  such  nuisance  to  be  abated  by  the  filling  or  draining 
or  otherwise  improving  such  lot  or  premises,  cause  a  copy  of 
the  ordinance  to  be  delivered  to  the  owner  of  such  lot  or  premises, 
or  his  agent  or  the  occupant  thereof,  or  any  person  whose  duty  it 
is  to  abate  the  nuisance  thereon.  If  the  owner  of  such  lot  or 
premises,  or  other  person  whose  duty  it  is  to  abate  the  nuisance 
thereon,  is  not  a  resident  of  the  city,  the  mayor  may  inclose  a 
copy  of  the  ordinance  to  such  owner  or  other  person  by  mail, 
directed  to  him  at  the  post  office  where  he  usually  receives  his 
letters,  if  known.  But  if  such  owner  or  other  person  whose  duty 
it  is  to  abate  such  nuisance,  and  his  agent,  if  any,  are  unknown,  or 
if  his  place  of  residence  is  unknown,  the  ordinance  shall  be  pub- 
lished for  at  least  three  weeks  in  the  newspaper  publishing  the 
ordinances  of  the  city,  which  shall  be  sufficient  notice  to  all 
persons. 

§  12.  If  any  lot  or  premises  shall  not  be  filled  up  or  drained, 
or  such  nuisance  otherwise  abated,  in  compliance  with  such  ordi- 
nance, the  mayor  shall  cause  the  same  to  be  done  by  the  city 
supervisor,  or  may  let  the  same  by  contract  in  the  same  manner 
as  for  public  improvements,  and  when  completed  shall  report  to 
the  city  council  an  accurate  account  of  the  cost  thereof,  under  the 
oath  of  the  supervisor  or  the  contractor  doing  the  same,  and  the 
amount  so  necessarily  expended  in  abating  such  nuisance  may  be 
recovered  from  the  owner  of  the  lot  or  premises,  or  of  any 
other  person  liable  therefor,  by  suit  in  the  name  of  the  city  before 
any  court  having  jurisdiction,  or  may  be  assessed  against  the  lot 
or  premises  chargeable  therewith,  and  collected  by  warrant  and 


ORDINANCES  OF  THE  CITY  OF  DANVILLE.  61 


sale  of  the  same,  in  the  same  manner  as  other  nuisances. 

§  13.  When  any  lot  or  premises  shall  be  filled  up  or  drained, 
or  any  nuisance  thereon' otherwise  abated,  the  officer  or  contrac- 
tor doing  the  same  shall  keep  an  accurate  account  of  the  costs  of 
abating  such  nuisance  upon  each  separate  lot  or  premises,  and 
shall  report  the  same  separately;  but  if  the  exact  cost  of  each 
cannot  be  ascertained,  he  shall  apportion  the  costs  equitably,  as 
near  as  may  be,  to  each  separate  lot  or  premises. 

§  14.  Any  wooden  building  or  wooden  part  of  any  building 
which  may  be  situated  within  thirty  feet  of  any  contiguous  build- 
ing, and  which  may  be  in  danger  of  becoming  on  fire  or  setting 
fire  to  any  contiguous  building,  by  reason  of  being  dilapidated, 
out  of  repair  or  untenantable,  or  by  reason  of  nny  fire-place, 
grate,  stove-pipe,  furnace  or  chimney,  or  any  other  structure  or 
apparatus  therein  used  or  intended  to  be  used  for  the  purpose  of 
holding,  conducting  or  securing  any  fire,  being  insufficient  or  be- 
ing improperly  or  unsufficiently  secured,  is  hereby  declared  a 
nuisance. 

§  15.  "When  any  such  building  or  part  of  a  building  shall  be 
reported  to  the  city  council,  the  same  shall  be  referred  to  the 
committee  on  fire  and  water,  or  other  appropriate  committee,  who 
shall  examine  such  building  or  part  of  a  building,  and  report  the 
condition  thereof ;  and  if  the  city  council  shall  be  satisfied  that 
such  building  is  within  thirty  feet  of  any  contiguous  building,  or 
in  danger  of  becoming  on  fire  or  setting  fire  to  any  contiguous 
building,  by  reason  of  any  of  the  causes  mentioned  in  the  last 
preceding  section,  they  may  by  the  passage  of  an  ordinance  de- 
clare such  building  or  part  of  a  building  to  be  a  nuisance,  stating 
the  cause  thereof,  and  require  the  owner  or  occupant  of  such 
building  or  part  of  a  building,  or  other  person  liable  therefor,  to 
remove  such  building  without  the  city  limits,  or  to  make  good 
and  property  secure  any  such  fire-place,  grate,  stove,  stove-pipe, 
funnel  or  chimney,  or  other  structure  or  apparatus  in  such  build- 
ing or  part  of  a  building,  used  or  intended  to  be  used  for  the 
purpose  of  holding,  conducting  or  securing  any  fire,  or  require 
him,  her  or  them  otherwise  to  abate  such  nuisance  within  such 
time  as  they  may  deem  necessary. 

§  16.  The  mayor  shall,  without  delay,  after  the  passage  of 
such  ordinance  as  mentioned  in  the  last  preceding  section,  make 
out,  sign  and  deliver  to  the  marshal  a  notice  containing  a  copy  of 
such  ordinance,  directed  to  the  owner  of  such  building  or  part  of 
a  building,  requiring  him  to  remove  the  same,  or  to  make  good 
and  properly  secure  such  fire-place,  grate,  stove,  stove-pipe,  funnel 
or  chimney,  or  other  structure  or  apparatus  therein,  used  or  in- 
tended to  be  used  as  aforesaid,  in  compliance  therewith.  The 
marshal  shall,  without  delay,  serve  such  notice  upon  the  owner  of 
such  building  or  part  of  building,  or  his  agent,  and  the  person  in 
actual  occupancy  thereof,  if  any,  retaining  a  copy  thereof  j  but  if 

(35) 


62  ORDINANCES  Of  THE  CITY  OF  DANVILLE. 


the  owner  is  a  non-resident  of  the  city  and  has  no  known  agent 
residing  in  this  city,  the  mayor  shall  send  the  notice  to  him  by 
mail,  directed  to  him  at  the  post  office  at  which  he  usually  re- 
ceives his  letters,  if  known,  retaining  a  copy  thereof.  If  no 
owner  or  his  agent  can  be  found  in  the  city,  and  the  owner's 
place  of  residence  is  unknown,  or  if  the  owner  is  unknown,  the 
mayor  shall  cause  the  ordinance  to  be  published  at  least  twice  in 
the  newspaper  publishing  the  ordinances  of  the  city,  which  shall 
be  deemed  sufficient  notice  to  all  persons.  If  any  such  building 
or  part  of  a  building  shall  not  be  removed,  or  such  fire-place, 
stove,  grate,  stove-pipe,  funnel  or  chimney,  or  other  structure  or 
apparatus  therein,  used  or  intended  to  be  used  as  aforesaid,  shall 
not  be  made  good  and  properly  secured,  in  compliance  with  such 
notice  at  the  expiration  of  the  time  named  therein,  the  mayor 
shall  order  the  city  marshal  to  move  or  tear  down  such  building 
or  part  of  a  building,  or  so  much  thereof  as  may  be  necessary,  or 
in  some  other  manner  to  remedy  such  danger  and  abate  such 
nuisance. 

§  17.  The  marshal  shall,  without  delay,  execute  the  order 
of  the  mayor,  and  shall  report  the  costs  of  so  doing  upon  oath  to 
the  city  council,  and  the  same  may  be  collected  of  the  owner  of 
the  building  or  the  occupant  thereof,  or  an}7  person  liable  there- 
for, by  suit  in  the  name  of  the  city,  before  any  court  having 
jurisdiction,  or  assessed  against  the  premises  chargeable  there- 
with, and  collected  by  warrant  and  sale  of  the  same,  in  the  same 
manner  as  other  nuisances. 

§  18.  Any  owner  of  any  such  building,  who  shall,  when 
notified  so  to  do,  neglect  or  refuse  to  remove  the  same,  or  any 
such  owner  or  any  occupant  thereof  who  shall  neglect  or  refuse 
to  make  good  or  perfectly  secure  any  such  fire-place,  grate,  stove, 
stove-pipe,  funnel  or  chimney,  or  other  structure  or  apparatus 
therein,  used  or  intended  to  be  used  as  aforesaid,  or  otherwise 
to  abate  such  nuisance  in  compliance  with  such  notice,  shall  be 
subject  to  a  penalty  of  not  less  than  twenty  dollars,  and  not  ex- 
ceeding one  hundred  dollars. 

§  19.  Any  building  or  erection,  or  part  thereof,  which  shall 
be  in  danger  of  falling,  or  otherwise  in  such  condition  as  to 
endanger  the  safety  of  persons  passing  under  or  near  the  same, 
or  residing  adjacent  thereto,  or  to  endanger  any  property  contigu- 
ous thereto,  is  hereby  declared  to  be  a  nuisance. 

§  20.  When  knowledge  of  any  such  dangerous  building  or 
erection  shall  come  to  the  mayor,  he  shall,  without  delay,  sum- 
mon three  disinterested  citizens  of  the  city,  who  shall  with  him 
inspect  such  building  or  erection,  and  if  they,  or  a  majority  of 
them,  shall  be  of  the  opinion  that  the  same  endangers  the  safety 
of  persons  passing  under  or  near  the  same,  or  residing  adjacent 
thereto,  or  any  property  contiguous  thereto,  the  mayor  shall, 
without  delay,  notify  or  cause  to  be  notified  the  owner  or  person 


ORDINANCES  OF  THE  CITY  OP  DANVILLE. 


having  charge  of  such  building  or  erection  forthwith  to  remove) 
demolish  or  otherwise  secure  the  same,  or  such  part  thereof  as 
may  be  necessary ;  and  upon  his  failing  or  refusing  to  comply 
with  such  notice,  the  mayor  shall,  without  delay,  cause  such 
building  or  erection,  or  such  part  thereof  as  may  be  necessary  to 
be  removed,  demolished  or  otherwise  secured,  so  as  to  be  safe 
and  harmless,  and  the  owner  of  such  building  or  erection,  or 
person  having  charge  of  the  same,  who  shall  fail  or  refuse  to 
comply  with  such  notice,  shall  be  subject  to  a  penalty  of  not  less 
than  twenty  dollars,  and  not  exceeding  one  hundred  dollars;  and 
the  costs  of  removing,  demolishing  or  securing  such  building  or 
erection,  shall  be  reported  to  the  city  council  by  the  mayor,  and 
the  same  may  be  collected  of  the  owner  of  such  building  or 
erection,  or  person  having  the  same  in  charge,  by  suit  in  the 
name  of  the  city,  before  any  court  having  jurisdiction,  or  assessed 
against  the  premises  chargeable  therewith,  and  collected  by  war- 
rant and  sale  of  the  same,  in  the  same  manner  as  other  nuisances. 

§  21.  All  scaffolds  or  other  erections  used  in  the  erection  of 
any  building  shall  be  made  secure  and  sufficiently  wide  to  insure 
the  safety  of  persons  working  thereon  or  passing  under  the  same, 
against  the  falling  thereof,  or  of  materials  placed  thereon.  Any 
scaffold  or  other  erection  which  may  be  otherwise  constructed 
shall  be  deemed  a  nuisance,  and  whoever  shall  construct  or  use 
any  such  insecure  or  dangerous  scaffold  or  other  erection,  shall 
be  subject  to  a  penalty  of  not  less  than  ten  dollars,  and  not  ex- 
ceeding one  hundred  dollars,  and  upon  his  failure  or  refusal  to 
remedy  or  remove  the  same  forthwith,  when  required  by  the 
mayor,  the  supervisor  or  any  police  officer,  the  officer  shall  cause 
the  same  to  be  done,  and  the  costs  of  such  removal  or  remedy 
shall  be  collected  of  the  owner,  or  builder,  or  person  having  con- 
trol thereof,  and  recovered  by  suit  in  the  name  of  the  city,  before 
any  court  having  jurisdiction. 

§  22.  Any  person  or  persons  who  shall  carry  on,  occupy  or 
use  any  slaughtering  establishment,  or  establishment  for  steam- 
ing or  rendering  lard,  tallow,  offal,  dead  animal  or  other  substance 
of  like  nature  within  the  limits  of  the  city  of  Danville,  or  within 
the  distance  of  one  mile  without  the  limits  of  the  city,  without 
permission  of  the  city  council,  to  be  granted  in  the  manner  here- 
inafter provided,  shall  be  deemed  the  author  of  a  nuisance,  and 
on  conviction  shall  be  subject  to  a  fine  of  not  less  than  twenty- 
five  dollars,  and  not  exceeding  one  hundred  dollars  in  every  case, 
and  to  a  like  fine  for  every  day  he  or  they  shall  neglect  to  abate 
such  nuisance,  when  notified  by  the  marshal  or  any  police  officer 
to  abate  the  same. 

§  23.  Any  person  desirous  of  obtaining  a  permit,  as  requir- 
ed by  the  preceding  section  of  this  ordinance,  shall  make  appli- 
cation therefor  to  the  city  council  in  writing,  stating  the  business 
he  is  desirous  of  pursuing,  and  specifying  the  premises  whereon 


\ 


64 


ORDINANCES  OF  THE  CITY  OP  DANVILLE. 


the  same  is  to  be  conducted.  If  such  application  shall  be  granted, 
the  applicant  shall  thereupon  be  required  to  enter  into  bond  with 
one  or  more  sureties,  to  be  approved  by  the  mayor,  in  the  penal 
sum  of  five  hundred  dollars,  conditioned  that  the  said  applicant 
will  comply  with  all  the  requirements  of  all  ordinances  now  in 
force  or  that  may  hereafter  be  in  force  upon  this  subject,  and 
upon  the  execution  and  delivery  of  said  bond  it  shall  be  the  duty 
of  the  mayor  and  clerk  to  issue  a  license  to  the  applicant,  under 
the  corporate  seal,  which  license  shall  continue  in  force  for  the 
period  of  one  year  from  the  date  thereof,  and  the  clerk  shall 
keep  a  register  of  all  such  licenses  which  shall  be  issued. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


65\ 

n 


CHAPTER  XVI. 

OFFICERS. 


Section. 


Section. 


1.  City  Council;  how  composed  ;  city  22. 

officers.  23. 

2.  Official  oath. 

3.  Officers  to  give  bonds. 

4.  Officers  as  sureties  not  allowed  ; 

form  approved  by  city  attorney; 
council  may  require  new  bond. 

5.  Officers  commissioned  by  warrant 

shall  deliver  to  successor  all 
books,  &c,  within  five  days  af- 
ter notice. 

6.  Shall  pay  money  as  soon  as  collect- 

ed into  city  treasury. 

7.  Officers'  salaries  ;  when  payable. 

8.  Books,  records,   &c,  of  officers,  24. 

shall  be  kept  subject  to  inspec- 
tion. 25. 
C.    In  absence  of  an  officer,  mayor  may 
assign  duties  to  other  officer. 

10.  Vacancies  occasioned  by  absence. 

11.  Liability  of  officers  ;  salary  with- 

held ;  substitute  appointed;  how  26. 
paid. 

12.  Duties  of  city  engineer. 

13.  City  engineer  to  keep  record. 

14.  To  make  surveys.  27. 

15.  To  fix  boundaries  and  certify  to 

same. 

16.  City  clerk  to  deliver  plats,  &c,  to  28. 

engineer. 

17.  Duties  of  city  superintendent  of 

streets. 

18.  To  have  ordinances  relating  to  rail-  29. 

roads,  streets  and  property,  en- 
forced. 

19.  To  have  custody  of  all  tools,  and  30. 

keep  same  in  repair. 

20.  To  annually  have  streets,  gutters, 

&c,  put  in  repair.  31. 

21.  To  keep  an  account  of  all  moneys,  32. 

&c„  furnished  for  his  depart- 
ment ;  to  report  number  of  tools, 
&Ci  to  city  clerk  monthly ;  to 
furnish  tools,  &c,  to  ward  su- 
pervisors; to  semi-annually  make 
certified  report  to  city  council. 


Duties  of  ward  supervisors. 

To  collect  poll  tax  in  respective 
wards  and  pay  same  to  city 
clerk ;  city  clex*k  shall  keep  a 
separate  acount  of  same,  and 
credit  same  to  several  wards 
from  which  same  is  received  ; 
supervisors  to  keep  account  of 
number  of  days  worked  and  re- 
port same  semi-annually  to  city 
superintendent  of  streets  ;  they 
shall  also  report  same  to  city 
council ;  shall  return  all  tools  to 
city  superintendent. 

Duty  of  ward  supervisors  when  spe- 
cial repairs  are  to  be  made. 

Superintendent  of  streets  shall  cer- 
tify all  reports  made  to  him  to 
city  council  with  his  report,  and 
certify  to  correctness  of  all  bills 
in  his  department. 

City  superintendent  and  ward  su- 
pervisors shall,  before  receiving 
pay,  present  sworn  bill  to  city 
council. 

Superintendent  of  streets  and  ward 
supervisors  subject  to  control  of 
committee  on  streets  and  alleys. 

Duties  of  fire  warden  ;  to  super- 
intend construction  of  chimneys: 
misdemeanor  to  disobey  instruc- 
tions. 

To  enter  buildings  and  premises  - 
to  give  notice  in  case  of  danger; 
ous  flue. 

To  enforce  all  ordinances  relating 
to  fire,  &c. ;  shall  be  ex-officio 
policeman. 

To  report  to  city  council  monthly. 

Salaries  of  officers. 


§  1.  The  municipal  government  of  the  city  shall  consist  of 
a  city  council,  to  be  composed  of  the  mayor,  and  two  aldermen 
from  each  ward.    The  elective  officers  of  the  city  shall  be  as 

(36) 


G6 


ORDINANCES  OF  THE  ClTf  OF  DANVILLE. 


follows:  A  city  clerk,  city  attorney,  a  city  treasurer,  a  city 
marshal  and  a  police  magistrate.  There  shall  also  annually  be 
appointed  by  the  mayor,  by  and  with  the  advice  and  consent  of 
the  city  council,  a  fire  -warden,  a  city  superintendent  of  streets 
and  alleys,  a  supervisor  of  streets  and  alleys  from  each  ward,  a 
city  surveyor  and  engineer,  and  such  number  of  policemen  and 
Watchmen  as  may  be  deemed  necessary.  Who,  in  addition  to  the 
duties  prescribed  m  the  act  under  which  and  as  which  the  cit}r  of 
Danville  is  incorporated  as  a  city,  shall  perform  such  other  duties 
as  may  be  prescribed  by  ordinance.  There  shall  also  be  such 
other  officers,  servants  and  agents  of  the  city  as  ruay  be  provided 
by  ordinance,  to  perform  such  duties  as  may  be  prescribed  by 
ordinance. 

§  2.  All  officers  of  the  city  of  Danville,  whether  elected  or 
appointed,  shall,  before  entering  upon  the  duties  of  their  respect- 
ive offices,  take  and  subscribe  the  following  oath  or  affirmation  : 
"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  will 
support  the  constitution  of  the  United  States  and  the  constitution 
of  the  state  of  Illinois,  and  that  I  will  faithfully  discharge  the 

duties  of  the  office  of  according  to  the  best  of  my 

ability." 

§  3.  All  officers  of  the  city  of  Danville,  whether  elected  or 
appointed,  except  aldermen,  shall,  before  entering  upon  the  duties 
of  their  respective  offices,  execute  a  bond  with  security,  to  be 
approved  by  the  city  council,  payable  to  the  city  of  Danville,  in 
such  penal  sum  as  may,  by  resolution  or  ordinance,  be  directed;, 
conditioned  for  the  faithful  performance  of  the  duties  of  the  office 
and  the  payment  of  all  moneys  received  by  such  officer,  accord- 
ing to  law  and  the  ordinances  of  the  said  city :  Provided,  however, 
that  in  no  case  shall  the  mayor's  bond  be  fixed  at  a  less  sum  than 
three  thousand  dollars  ($8,000),  nor  shall  the  treasurer's  bond  be 
fixed  at  a  less  sum  than  the  amount  of  the  estimated  tax  and 
special  assessments  for  the  current  year )  which  bonds  shall  be 
filed  with  the  clerk  (except  the  bond  of  the  clerk,  which  shall  be 
filed  with  the  treasurer). 

§  4.  No  member  of  the  city  council  or  officer  of  the  city 
shall  be  received  as  surety  on  the  official  bond  of  any  city  officer 
hereby  created  and  provided  for,  and  herein  required  to  execute 
bond  as  city  officer.  All  official  bonds  shall  be  drawn  by  the  city 
attorney,  or  submitted  to  him  after  being  drawn  up,  for  his  ap- 
proval of  the  form  theref,  and  shall  then  be  submitted  to  the  city 
council  for  their  approval,  which,  when  given,  the  city  clerk  shall 
certify  thereon,  and  shall  file  and  preserve  the  same  in  his  office, 
except  the  bond  of  the  city  clerk,  which  shall  be  filed  with  the 
treasurer.  The  city  council  may  at  any  time  require  a  new  bond 
to  be  executed  by  any  city  officer,  if  from  any  cause  they  shall 
deem  the  old  bond  insufficient  or  the  sureties  thereon ;  but  the 
execution  of  such  new  bond  shall  not  in  any  manner  affect  any 


ORDINANCES  OF  THE  CITY  OF  DANVILLE.  67 


liability,  loss  or  damage  incurred  under,  the  old  bond,  or  release 
the  sureties  from  any  liabilities  incurred  thereon.  All  bonds  and 
contracts  shall  be  written  or  printed,  or  partly  both,  in  a  plain 
and  legible  manner. 

§  5.  All  officers  of  the  city  of  Danville  (except  the  clerk, 
aldermen  and  mayor,)  shall  be  commissioned  by  warrant,  under 
the  corporate  seal,  signed  by  the  clerk  and  the  mayor  or  presid- 
ing officer  of  the  city  council.  The  mayor  shall  issue  a  certificate 
of  appointment  or  election,  under  the  seal  of  the  city,  to  the 
clerk  thereof,  and  any  person  having  been  an  officer  of  the  city 
shall,  within  five  days  after  notification  and  request,  deliver  to 
his  successor  in  office  all  property,  books  and  effects  of  every 
description  in  his  possession  belonging  to  the  city,  or  appertain- 
ing to  his  said  office ;  and  upon  his  refusal  to  do  so,  shall  be  liable 
for  all  damages  caused  thereby,  and  shall  be  subject  to  a  penalty 
of  not  less  than  twenty-five  dollars,  and  not  exceeding  two 
hundred  dollars. 

§  6.  All  officers  collecting  or  receiving  any  moneys  on  ac- 
count of  the  city,  shall  pay  the  same  as  fast  as  collected  into  the 
city  treasury  in  the  same  kind  of  funds  as  received  by  them, 
and  shall,  on  the  first  Thursday  of  each  month,  report  to  the  city 
council  an  accurate  statement  of  all  the  moneys  received  by  them 
for  the  preceding  month,  specifying  the  amount,  from  whom,  and 
on  wThat  account  received.  No  officer  shall  retain  any  moneys 
received  or  collected  by  him  towards  the  payment  of  any  salary 
or  fees  which  may  be  coming  to  him  from  the  city,  but  shall  pay 
the  same  into  the  treasury.  Any  officer  violating  any  provision 
of  this  section  shall  be  subject  to  a  penalty  of  not  less  than  ten 
dollars,  and  not  exceeding  two  hundred  dollars. 

§  7.  The  salaries  of  the  city  officers,  unless  otherwise  spe- 
cially provided,  shall  be  payable  monthly,  on  the  first  Thursday 
of  each  month,  and  they  shall  present  their  accounts  to  the  city 
council  for  adjustment  or  payment,  but  no  warrant  shall  be  drawn 
in  favor  of  any  officer  for  his  salary  until  he  shall  have  filed  his 
report  as  herein  required,  nor  shall  any  warrant  in  any  case  be 
drawn  in  favor  of  any  officer  who  shall  be  in  default  or  arrears 
with  the  city. 

§  8.  The  records,  books  and  papers  pertaining  to  any  city 
officer  shall,  at  all  reasonable  times,  be  subject  to  the  inspection 
and  examination  of  the  mayor,  the  city  council  or  any  of  its 
committees, 'or  any  person  interested  in  the  same  j  and  all  city 
officers  shall,  when  requested,  give  all  the  information  in  their 
power  pertaining  to  their  respective  offices,  to  the  city  council  or 
any  of  its  committees,  or  any  other  department  of  the  city 
government. 

§  9.  When  any  particular  officer  required  by  ordinance  to 
execute  any  particular  duty,  shall  be  absent,  or  incompetent,  or 
otherwise  unable  to  discharge  such  duty,  the  mayor  or  mayor 


68 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


pro  tern.,  may  assign  the  discharge  of  such  duty  to  some  other 
officer,  and  such  officer  shall  act  in  such  case  with  the  same  power 
and  authority  as  is  specially  named  in  the  ordinance. 

§  10.  If  any  city  officer  shall  remove  from  the  city,  or 
absent  himself  therefrom  for  one  month  without  permission  of 
the  city  council  first  had  and  obtained,  his  office  shall  be  vacated. 

§  11.  All  officers  shall  be  liable  to  the  city  for  all  loss  or 
damage  which  may  arise  from  their  negligence  or  willful  miscon- 
duct in  the  discharge  of  any  official  duty,  and  the  city  council 
may,  in  their  discretion,  by  order,  withhold  the  salary  of  any 
such  officer,  in  order  to  secure  the  city  from  loss.  And  if  any 
officer  shall  fail,  neglect  or  refuse  to  discharge  or  perform  any 
duty  required  of  him,  the  mayor  may  employ  or  appoint  some 
competent  person  to  perform  such  duty,  and  the  costs  and  ex- 
penses of  doing  the  same  shall  be  charged  to  such  officer  and 
deducted  from  his  salary,  or  if  his  salary  shall  be  insufficient  to 
pay  the  same,  they  may  be  collected  from  him  and  recovered  by 
suit  in  the  name  of  the  city,  before  any  court  having  jurisdiction. 

§  12.  The  city  engineer  and  surveyor  shall,  when  required 
by  the  mayor,  the  city  council,  or  any  of  its  committees,  make 
out  plans,  estimates  and  specifications  for  public  work  which 
may  be  ordered  or  proposed  by  the  city  council,  and  superintend 
the  construction  thereof.  He  shall,  when  required  by  the  city 
council,  make  surveys  of  the  grades  or  boundaries  of  streets  or 
alleys,  and  prepare  plats  or  profiles,  and  report  the  same  to  the 
city  council;  and  no  such  survey  of  any  grade  or  boundary  shall 
be  established  and  valid  until  the  plats  or  profiles  thereof  shall 
be  reported  to  and  approved  by  the  city  council.  He  shall,  when 
required,  receive,  inspect  or  measure  any  lumber  or  other  ma- 
terials to  be  used  for  any  public  work,  and  if  necessary,  shall 
keep  an  accurate  account,  in  a  suitable  book,  of  the  quantity  and 
quality  of  the  same,  and  from  whom  received,  and  the  cost  there- 
of, and  also  for  what  purpose  used,  and  to__whom  delivered.  He 
shall  examine  all  accounts  for  materials  received  by  him  on  ac- 
count of  the  city,  and  if  correct,  certify  the  same  to  the  city 
council. 

§  13.  He  shall  preserve  in  his  office  all  record  and  plans  of 
survey,  and  all  books,  .papers  and  writings  pertaining  to  his  office. 
He  shall  make  out  and  keep  a  diagram  or  plat  of  all  the  grades 
and  boundaries  of  streets  and  alleys  established  by  the  city  coun- 
cil, correcting  the  same  when  any  grade  shall  be  changed,  and 
adding  thereto  when  any  new  grade  or  boundary  shall  be  estab- 
lished, and  he  shall  record,  in  a  suitable  book,  the  profiles  and 
notes  of  all  surveys  of  grades  and  boundaries  established,  and 
shall  preserve  the  original  papers  relating  thereto,  and  shall 
otherwise  keep  a  systematic  record  of  all  the  transactions  per- 
taining to  his  department. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


69 


§  14.  He  shall  make  all  surveys  in  the  city  that  he  may  be 
called  upon  to  make,  and  shall  employ  the  necessary  chainmen 
and  other  assistants,  who  shall,  before  entering  upon  their  duties, 
be  sworn  before  him  or  any  person  authorized  to  administer 
oaths,  "to  measure  accurately  and  justly,  and  to  perform  their 
duties  to  the  best  of  their  knowledge  and  ability."  He  shall 
acquaint  himself  with  the  original  surveys  of  the  town  and  city, 
and  shall,  as  far  as  practicable,  provide  himself  with  copies  of 
the  field  notes  of  the  original  surveys,  and  shall  make  his  surveys 
in  accordance  therewith ;  and  he  shall  note  all  errors  and  dis- 
crepancies in  the  original  survey  or  surveys,  as  soon  as  dis- 
covered. 

§  15.  He  shall,  upon  finding  or  establishing  the  boundary 
of  any  lot  or  tract  surveyed,  plant  a  substantial  stake  or  stone  at 
each  corner  thereof,  and  give  to  the  owner  or  person  employ- 
ing him,  if  required,  a  certificate,  stating  the  date,  and,  as  far  as 
practicable,  the  metes  and  bounds  of  the  survey,  and  date  of  the 
survey,  for  whom  made,  and  describing,  as  far  as  practicable,  the 
metes  and  bounds  thereof. 

§  16.  The  city  clerk  shall  return  to  the  city  surveyor  and 
engineer  all  plats  and  other  papers  pertaining  to  his  department, 
as  soon  as  the  city  council  shall  have  no  further  use  for  them. 

§  17.  It  shall  be  the  duty  of  the  city  superintendent  of 
streets  to  take  charge  of  all  streets,  alleys,  lanes,  highways,  walks 
and  cross  walks,  bridges,  sewers,  public  grounds  and  street  lamps 
in  and  belonging  to  said  city,  subject,  however,  to  all  ordinances 
that  now  are  or  may  hereafter  be  in  force.  He  shall  attend  to 
and  superintend  the  improvement  and  repairs  upon  the  same,  and 
see  that  the  same  are  kept  in  proper  order  and  in  good  condition, 
and  free  from  all  unnecessary  obstructions. 

§  18.  He  shall  see  that  all  ordinances  of  said  city  pertaining 
to  railroads  are  not  violated,  and  that  all  railroad  crossings  are 
kept  free  and  clear  at  all  times,  under  the  ordinances  now  in  force 
or  such  as  may  hereafter  be  in  force,  and  when  there  is  a  violation 
of  ordinances  pertaining  to  railroads,  streets  and  alleys,  walks, 
cross  walks,  bridges,  sewers,  public  grounds,  lawns  or  highways, 
report  the  same  to  the  proper  officers  and  see  that  the  ordinances 
are  properly  enforced. 

§  19.  He  shall  procure  and  have  the  control  and  custody  of 
all  the  necessary  tools  and  implements  which  are  used  in  the  con- 
struction and  repair  of  the  streets,  alleys,  lanes,  highways,  walks, 
cross  walks,  bridges,  sewers,  public  grounds  and  street  lamps 
aforesaid,  and  see  that  the  same  are  kept  in  proper  condition  for 
use  and  ready  to  be  furnished  to  ward  supervisors  of  streets  when 
needed  by  them. ' 

§  20.  He  shall  annually,  as  early  as  the  season  will  permit, 
direct  the  supervisors  of  the  respective  wards  in  said  city  to  cause 
the  streets,  alleys,  lanes,  highways,  walks  and  crosswalks,  sewers, 

(») 


70 


ORDINANCES  OF  THE  CITY  OE  DANVILLE* 


gutters,  bridges  and  public  grounds  aforesaid,  to  be  put  in  proper 
condition  and  repair. 

§  21.  The  said  city  superintendent  of  streets  shall  keep  an 
account  of  all  moneys,  tools,  implements  or  material  furnished  in 
and  for  his  department,  and  shall  report  monthly  to  the  city  clerk 
the  number  and  description  of  all  tools  and  implements  in  his  de- 
partment, and  the  city  clerk  shall  keep  an  accurate  account  of  the 
same  in  a  book  kept  for  that  purpose.  He  shall  furnish  to  the 
respective  ward  supervisors  all  material,  tools  and  implements  to 
be  used  in  their  several  wards  for  the  necessary  construction  and 
repairs  of  the  streets,  alleys,  sewers,  walks,  cross  walks,  bridges 
and  public  grounds,  lawns  and  highways  aforesaid,  or  other  nec- 
essary improvements,  and  semi-annually  certify  the  same  to  the 
city  council,  or  oftener,  if  so  required  by  the  city  council. 

§  22.  It  shall  be  the  duty  of  the  respective  ward  supervisors 
of  streets  to  be  ready  at  all  times  to  attend  to  and  employ,  with 
the  advice  oi  the  city  superintendent  of  streets,  such  laborers, 
carts  and  teams  as  may  be  necessary,  and  aid,  assist  and  direct, 
with  the  advice  and  consent  of  said  city  superintendent,  all  neces- 
sary repairs,  improvements  or  constructions. 

§  23.  They  shall  collect  in  their  respective  wards  the  poll 
tax  (when  not  worked  out  on  streets  and  alleys)  and  keep  a  cor- 
rect account  of  all  moneys  received,  and  shall  pay  the  same  over 
to  the  city  clerk  as  fast  as  the  same  is  collected,  and  the  city  clerk 
shall  keep  a  separate  account  of  the  same  and  credit  the  same  to 
the  several  wards  from  which  the  same  is  received,  and  they  shall 
keep  a  correct  account  of  the  number  of  days  worked  and  report 
and  certify  to  the  correctness  of  the  same  semi-monthly  to  the  city 
superintendent  of  streets.  They  shall  also  make  a  report,  duly 
certified  to  the  city  council,  of  the  number  of  days  worked  and  by 
whom,  and  of  the  amount  of  money  received,  and  from  whom, 
and  the  receipt  of  the  city  clerk  for  such  money  so  received  shall 
accompany  and  form  a  part  of  said  report  to  the  city  council. 
They  shall  also  return  all  tools  and  implements  belonging  to  the 
said  city  to  the  said  superintendent  for  all  necessary  repairs  and 
for  safe  keeping. 

§  24.  The  respective  ward  superintendents  shall,  when  spe- 
cial repairs  are  to  be  made,  report  the  same  to  the  said  city  super- 
intendent, who  shall  furnish  the  necessary  material  and  give  the 
necessary  directions  for  the  repairs,  and  see  that  the  same  are 
properly  made. 

§  25.  The  city  superintendent  of  streets  shall  examine  all 
reports  made  to  him  as  aforesaid,  and  semi-annually  certify  the 
same,  together  with  his  report,  to  the  city  council,  and  shall  also 
certify  to  the  correctness  of  all  bills  in  his  department  presented 
to  the  city  council  for  payment. 

§  26.  The  city  superintendent  of  streets  and  the  ward  super- 
visors of  streets,  before  they  receive  pay  for  their  services,  shall 


ORDINANCES  OF  THE  CITY  OF  DANVILLE* 


71 


each  make  out  and  present  to  the  city  council  a  correct  statement 
of  the  number  of  days  served,  and  be  sworn  to  the  correctness  of 
the  same. 

§  27.  The  said  city  superintendent  of  streets  and  ward  su- 
pervisors shall  at  all  times  be  subject  to  the  control  and  direction 
of  the  committee  on  streets  and  alleys,  in  making  repairs  and  im- 
provements as  aforesaid. 

§  28.  It  shall  be  the  duty  of  the  fire  warden  to  superintend 
and  direct  the  construction  of  all  chimneys  and  flues  within  said 
city,  and  to  require  and  enforce  that  the  same  be  built  and  con- 
structed in  the  manner  required  by  ordinance,  and  every  mason, 
builder,  or  other  person  who  shall  neglect  or  refuse  to  obey  his 
instructions  or  directions  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  subject  to  a  penalty  of  not 
less  than  five  dollars,  and  not  exceeding  one  hundred  dollars  for 
each  offense. 

§  29.  The  fire  warden  shall  at  all  reasonable  hours  of  the 
day  have  the  right  and  is  hereby  authorized  to  enter  any  building 
and  premises  within  the  city,  to  examine  whether  they  are  in  a 
safe  condition,  and  for  the  purpose  of  inspecting  the  chimneys  and 
flues  therein;  and  whenever  he  shall  find  a  chimney  or  flue  in  an 
unsafe  or  dangerous  condition  he  shall  notify  the  owner  or  occu- 
pant thereof  and  require  them  or  either  of  them  to  repair,  re- 
plaster,  or,  if  necessary,  to  tear  down  the  same,  and  any  person  or 
persons  who  shall  neglect  or  refuse  to  obey  the  directions  or  in- 
structions of  the  fire  warden  shall  be  subject  to  a  penalty  of  not 
less  than  five  dollars,  and  not  exceeding  one  hundred  dollars  for 
each  offense. 

§  30.  It  shall  be  the  duty  of  the  fire  warden  to  enforce  or 
cause  to  be  enforced  all  ordinances  of  the  city  now  in  force  or 
that  may  hereafter  be  in  force  in  said  city  relating  to  or  in  any 
wise  pertaining  to  the  protection  of  the  citizens  of  said  city  against 
the  calamities  by  fire,  and  for  that  purpose  he  shall  be  ex  officio  a 
policeman. 

§  31.  It  shall  be  the  duty  of  the  fire  warden  to  report  to  the 
city  council  every  month,  or  often  er,  if  required,  the  number  of 
chimneys  and  flues  examined,  and  how  many  of  the  same  he  has 
caused  to  be  repaired  or  torn  down,  and  shall  perform  such  other 
and  further  duties  as  the  city  council  may  from  time  to  time 
direct. 

§  32.  The  salaries  and  fees  of  city  officers  shall  be  as  fol- 
lows: The  mayor  shall  receive  a  salary  of  three  hundred  dollars 
per  annum.  The  aldermen  shall  each  receive  two  dollars  for 
each  and  every  regular  meeting  attended,  and  one  dollar  each  for 
each  and  every  special  meeting  attended.  The  city  clerk  shall 
receive  as  salary  six  hundred  dollars  per  annum  and  all  fees  re- 
ceived for  issuing  licenses,  and  no  other  fees  or  perquisites.  The 
city  attorney  shall  receive  a  salary  of  three  hundred  dollars  per  an- 


72 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


nuAfiTKe  city  treasurer  shall  receive  two  per  cent,  on  all  moneys  by 
him  paid  out.  The  city  marshal  shall  receive  eighty  dollars  per 
month.  The  policemen  shall  each  receive  sixty  dollars  per 
month.  The  city  superintendent  of  streets  shall  receive  a  salary 
of  six  hundred  dollars  per  annum.  The  ward  supervisors  shall 
each  receive  two  dollars  and  twenty-five  cents  per  day  for  actual 
services  rendered.  The  surveyor ^and  engineer  shall  receive  five 
dollars  per  day  for  actual  serv^qgs^  %i\der-ed7  and  be  allowed  two 
chainmen  when  necessary,  at  one^ol*aV^<*i^  fifty  cents  each  per 
day.  The  fire  warden  shall  receive  two  doftWs  and  fifty  cents 
per  day  for  each  day  he  shall  actually  be  engaged  in  the  duties  of 
his  office, 


 o 


CHAPTEE  XVII. 

ORDINANCES. 


Section. 

1.    Repeal;  publication. 


Sectiok. 

10.    Prosecutor  may  choose  under  dif- 


11. 


Conflict,  &c. 
"Court"  defined. 
Repeal  of  repealing  ordinance. 
Construction  of  words.  12. 
Same. 

Powers  of  acting  mayor  of  city :  13. 

marshal  extended  to  police  con-  14. 

stables.  15, 
Ordinances  liberally  construed. 
Repeal  of  ordinance ;  release  from 

penalty  under  same. 


ferent  ordinances. 
Words  "reasonable  time"  explain- 
ed. 

Duty  of  city  clerk  on  passage  of 

ordinances. 
Same. 

Ordinances  ;  when  in  force. 

Old  ordinances  to  remain  in  force. 


§  1.  When  any  ordinance  or  part  of  an  ordinance  shall  be 
repealed  or  modified  by  a  subsequent  ordinance,  the  ordinance  or 
part  of  an  ordinance  thus  repealed  or  modified  shall  continue  in 
force  until  the  publication  of  the  ordinance  repealing  or  modify- 
ing the  same,  unless  it  shall  be  therein  otherwise  expressly 
provided. 

§  2.  When  the  provisions  of  different  ordinances  or  of  the 
different  chapters  of  any  ordinance  conflict  with  or  contravene 
each  other,  the  provisions  and  requirements  of  each  ordinance  or 
chapter  shall  prevail  as  to  all  subjects,  matters  and  questions, 
arising  out  of  or  embraced  within  the  subject  matter  thereof. 
But  if  different  provisions  be  found  in  different  sections  of  the 
same  ordinance,  the  provisions  of  the  section  which  is  last  in 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


73 


numerical  order  shall  prevail,  unless  such  construction  would  be 
repugnant  to  or  inconsistent  with  the  meaning  of  such  ordinance 
or  chapter. 

§  3.  The  word  "court,"  when  used  in  any  ordinance,  shall 
be  construed  to  mean  any  court  of  competent  jurisdiction,  whether 
police  magistrates'  courts,  justices  of  the  peace,  or  courts  of  re- 
cord. 

§  4.  No  ordinance  or  part  of  any  ordinance,  repealed  by 
any  other  ordinance,  shall  be  revived  by  the  repeal  of  the  repeal- 
ing ordinance,  unless  it  shall  be  therein  otherwise  expressly 
provided. 

§  5.  When  in  any  ordinance  words  importing  the  singular 
number  are  used  in  reference  to  any  person  or  subject  matter, 
such  words  shall  be  deemed  to  extend  to  and  embrace  several 
persons,  matters  or  subjects,  and  words  used  collectively  or  im- 
porting the  plural  number,  shall  be  deemed  to  extend  to  and 
embrace  any  singular  person,  matter  or  subject,  as  well  as  to 
several  j  and  when  any  person  or  subject  matter  shall  be  named, 
referred  to  or  described  by  words  importing  the  masculine 
gender,  or  by  general  terms,  females  as  well  as  males  shall  be 
deemed  included  in  the  meaning  and  terms  thereof,  and  the  words 
"person"  or  "persons,"  or  words  importing  any  person  or  per- 
sons, shall  be  deemed  to  include  corporations  as  well  as  individ- 
uals. 

§  6.  The  word  "  month,"  when  used  in  any  ordinance,  shall 
be  construed  to  mean  a  calendar  month,  and  the  word  "oath" 
shall  be  deemed  to  include  an  affirmation,  and  the  word  "sworn" 
to  mean  sworn  or  affirmed. 

§  7.  When  any  duty  shall  be  required  of  or  power  vested 
in  the  mayor,  the  same  shall  be  deemed  to  extend  to  and  embrace, 
and  may  be  exercised  by  the  acting  mayor,  or  mayor  pro  tern. 
also,  and  when  any  duty  shall  be  required  of  or  power  vested  in 
the  city  marshal,  the  same  shall  be  deemed  to  extend  to  and  em- 
brace and  may  be  exercised  by  policemen,  unless  such  construc- 
tion would  be  contrary  to  the  terms  of  the  ordinance  or  in  dero- 
gation of  the  city  charter. 

§  8.  The  rules  of  construction  herein  prescribed  shall  apply 
in  all  cases,  unless  it  shall  be  otherwise  expressly  provided  in  the 
ordinance,  or  unless  there  be  something  in  the  subject  matter  or 
context  thereof  repugnant  to  such  construction,  and  all  general 
terms,  provisions,  phrases  or  expressions  used  in  any  ordinance 
shall  be  liberally  construed,  in  order  that  the  true  meaning  and 
intent  of  the  city  council  may  be  carried  out. 

§  9.  No  fine,  forfeiture,  penalty,  right;  action,  suit,  debt  or 
other  liability  whatever,  created,  instituted,  incurred  or  accrued 
by  or  under  any  ordinance,  prior  to  its  repeal  or  modification, 
shall  be  released,  discharged,  amended  or  repealed,  or  in  any  wise 
affected  by  the  passage  of  such  repealing  or  modifying  ordinance, 

(38) 


74 


ORDINANCES  0E  THE  CITY  Of  DANVILLE* 


but  the  same  may  be  prosecuted,  recovered  or  enjoyed,  or  any 
suit  or  other  proceeding  commenced  or  completed  thereon,  as 
fully,  and  in  the  same  manner  in  all  respects,  as  if  such  ordi- 
nance or  part  thereof  had  remained  in  full  force,  unless  it  shall 
be  otherwise  expressly  provided  in  the  ordinance  making  such 
repeal  or  modification. 

§  10.  When  any  fine  . or  penalty  shall  be  imposed  by  differ- 
ent ordinances,  or  sections  or  clauses  of  different  ordinances,  for 
the  same  offense,  the  officer  or  person  prosecuting  may  choose 
under  which  ordinance  or  section  to  proceed,  and  a  recovery 
under  the  same  shall  be  a  bar  to  any  further  proceedings  Under 
any  other  provision  for  the  same  offense. 

§  11.  When  in  any  ordinance  any  act  shall  be  required  to 
be  done  within  a  "reasonable  time,"  or  upon  a  "reasonable  no- 
tice," such  reasonable  time  or  reasonable  notice  shall  be  deemed 
to  mean  such  time  only  as  may  be  necessary  in  the  prompt  exe- 
cution of  such  duty  or  compliance  with  such  notice. 

§  12.  All  ordinances  passed  by  the  city  council  shall  be 
enrolled  by  the  city  clerk  in  the  record  book  of  ordinances,  and 
shall  be  properly  indexed  by  their  titles  or  subjects,  and  he  shall, 
without  delay,  cause  all  ordinances  to  be  published  in  the  news- 
paper authorized  to  publish  the  ordinances  of  the  city,  with  his 
certificate  under  the  corporate  seal  attached  that  the  same  is  a 
true  and  authentic  copy  of  the  original  ordinance  (or  ordinances), 
and  that  it  is  printed  and  published  by  authority  of  the  city  council. 
He  shall  procure  the  affidavit  of  the  printer  or  the  publisher  of 
the  newspaper  publishing  the  ordinances  of  the  city  of  the  due 
publication  of  such  ordinance,  and  attach  the  same  to  the  original 
ordinance,  or  he  may  write  and  attest  such  affidavit,  or  any  other 
competent  proof  of  such  due  publication  upon  the  face  of  the 
record  of  ordinances. 

§  13.  The  city  clerk  shall  file  and  preserve  the  originals  of 
all  ordinances  in  his  office,  and  he  may  correct  any  errors  in  the 
numbering  of  any  chapter  or  section  of  any  ordinance,  and  insert 
the  proper  numbers )  and  he  may  omit  words  inserted,  or  supply 
with  brackets  words  omitted  by  clerical  mistake.  He  shall  at- 
tend to  the  printing  of  all  ordinances  requiring  publication  or 
ordered  to  be  published,  and  read  the  proof  sheets  thereof,  and 
see  that  they  are  correctly  and  properly  printed  and  published. 

§  14.  All  ordinances  passed  by  the  city  council  and  requir- 
ing publication,  shall  be  in  force  from  and  after  due  publication 
thereof,  unless  it  shall  be  therein  otherwise  expressly  provided. 
All  ordinances  or  parts  of  ordinances  in  conflict  with  this  ordi- 
nance are  hereby  repealed. 

§  15.  All  ordinances  now  in  force  in  the  city  of  Danville, 
and  not  inconsistent  with  these,  the  revised  ordinances,  shall  re- 
main in  force  under  these  ordinances,  until  altered,  modified  or 


ORDINANCES  OP  THE  CITY  OF  DANVILLE.  75 


repealed  by  the  city  council,  after  these,  the  revised  ordinances, 
shall  take  effect* 


CHAPTER  XVIIL 

PEDDLERS. 

Section.  Section. 

1.  Selling  without  license ;  penalty.      4.    Not  to  enter  private  dwellings; 

2.  Peddlers  defined.  penary;  license  forfeited;  dis* 

3.  Tax  for  license  to  peddlers;  mar»  ability  removed  by  city  council. 

keting  of  vegetables,  etc.,  not 
taxed. 

§  1»  No  person  shall  hawk  or  peddle  merchandise  or  other 
articles  of  .value  in  the  city,  without  a  license  therefor,  under  a 
penalty  of  not  less  than  five  dollars,  and  not  exceeding  one  hun- 
dred dollars  for  each  offense* 

§  2.  All  sales  of  goods  or  merchandise,  or  the  offering  for 
sale  of  any  goods  or  merchandise  by  any  person  remaining  tran- 
siently in  the  city,  for  the  purpose  of  disposing  of  the  same  by 
retail,  or  by  traveling  or  going  about  from  one  place  to  another, 
with  goods  or  merchandise,  and  selling  and  disposing  of  the 
same  by  retail,  or  offering  to  sell  and  dispose  of  the  same  by  re- 
tail, whether  in  any  temporary  place  of  business  or  otherwise, 
shall  be  deemed  peddling  under  the  provisions  hereof. 

§  3.  For  a  license  to  hawk  or  peddle  by  foot  peddlers,  there 
shall  be  taxed  and  collected  not  less  than  three  dollars  for  two 
weeks  or  less  -9  not  less  than  five  dollars  for  one  month  or  less, 
and  not  less  than  three  dollars  for  each  month  thereafter.  For 
peddlers  using  a  one-horse  vehicle,  two  dollars  and  fifty  cents 
per  day  shall  be  taxed ;  for  a  two-horse  vehicle  three  dollars  per 
day  shall  be  taxed,  and  for  persons  located  transiently  in  a  room, 
five  dollars  per  day  shall  be  taxed.  No  license  shall  be  required 
for  peddling  or  vending  of  or  marketing  vegetables,  fruits,  cakes, 
nuts  or  other  like  refreshments. 

§  4.  No  peddler  shall  enter  any  private  dwelling  in  this 
city  without  being  admitted  into  the  same,  or  shall  insist  upon 
the  showing  or  sale  of  his  goods  or  wTares  to  any  person,  alter 
being  told  by  such  person  that  he  or  she  does  not  wish  to  pur- 
chase the  same,  or  shall  otherwise  vex  or  annoy  any  person, 
under  a  penalty  of  not  less  than  three  dollars,  and  not  exceeding 
one  hundred  dollars  for  each  offense,  and  a  forfeiture  of  his 
license,  in  the  discretion  of  the  city  council,  or  the  police  magis- 
trate, or  other  court  before  whom  conviction  may  be  had;  and  at 
no  time  thereafter  shall  he  be  licensed  unless,  for  good  cause 


76 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


shown,  the  city  council  shall  remove  his  disability. 


CHAPTEE  XIX. 

POLICE  DEPARTMENT. 


Section 
1. 


Secth 
20. 


8. 


10. 

11. 
12. 

13. 

14. 

15 


16. 


17. 

18. 
19. 


Police  department  to  consist  of 
whom. 

Policemen;  how  appointed;  duties  21. 

and  liabilities  of. 
"Watchmen;  powers  and  duties  of.  22. 
Bond  and  oath  of  policemen  and  23. 

watchmen  ;  fees. 
Duties  of  Mayor. 

Chief  of  police ;  police  stations  ;  24. 

officers  to  aid  each  other. 
Duty   of  officers ;  arrest  without 

process  ;  committal  over  night  25. 

or  Sunday. 
Frequenting  of  saloons  by  police-  26. 

men  a  misdemeanor. 
Right  of  officers  to  enter  suspected  27, 

places. 

Powers  of  police  to  execute  pro-  28. 
cess 

Supervisors  to  make  arrests  ;  when. 

Party  under  arrest  when  intoxi- 
cated to  be  confined  till  sober. 

Falsely  claiming  to  be  an  officer  ; 
penalty. 

Resisting  officer  or  refusing  to  31. 
obey  ;  penalty. 

Attempting  to  rescue  or  assisting  to 
escape  ;  or  furnishing  with  in- 
toxicating liquors  ;   prisoners  ;  32. 
penalty. 

Escape  of  prisoners  ;  duty  of  offi-  33. 
cers  to  re-arrest ;  liable  for  orig- 
inal fine. 

Duty  to  aid  officers  ;  penalty  for 
neglecting  or  refusing. 

Officers  neglecting  duty  ;  penalty. 

Temporary  night  watch  or  police- 
men ;  how  appointed ;  duties 
and  liabilities  of ;  oath  and 
bond  of ;  compensation  of ;  city 
council  to  continue  or  discon- 
tinue. 


29. 


30. 


Suits  for  fines  or  penalties  ;  before 
whom  brought. 

Statement  filed  before  suit  com- 
menced ;  form  of. 

Warrants  ;  when  issued. 

Arrest  without  process  ;  officer  to 
file  statement ;  same  to  be  dock- 
eted. 

Bail ;  officer  to  take  ;  when  ;  con- 
dition of  bond  ;  amount  of ;  to 
be  filed  ;  forfeiture  of. 

Officers  to  attend  as  witnesses  and 
procure  evidence. 

Witnesses'  and  jurors'  fees ;  no 
costs  against  city. 

Malicious  prosecution ;  complain- 
ant to  pay  cost. 

Prisoners  may  be  compelled  to  la- 
bor ;  supervisors  to  receive  and 
receipt  for  ;  credit  for  labor. 

Prisoner  refusing  to  labor  to  be 
recommitted ;  forfeiture  for  es- 
cape. 

Discharge  of  prisoners. 

Food  to  be  furnished  prisoners 
while  laboring;  fees  for  same  to 
be  paid  by  city  ;  prisoners  to  be 
confined  when  not  laboring. 

Report  of  officers  having  prisoners 
in  charge  ;  notice  of  escapes. 

Fines  and  other  moneys  to  be  paid 
into  the  treasury  ;  police  magis- 
trate to  report  quarterly  ;  coun- 
cil to  designate  justice  before 
whom  suits  shall  be  brought ; 
when. 


§  1.  The  police  department  of  the  city  shall  consist  of  the 
mayor,  the  aldermen  and  the  police  magistrate,  who  shall  ex 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


77 


officio  be  members  of  the  police  department,  the  city  marshal  and 
such  policemen  and  watchmen  as  may  be  appointed  by  the  mayor 
and  city  council. 

§  2.  The  mayor  may  annually  at  the  time  of  appointing  the 
other  city  officers  or  at  any  other  time,  by  and  with  the  advice 
and  consent  of  the  city  council,  appoint  one  or  more  policemen 
who  shall,  unless  it  be  otherwise  especially  provided,  possess  the 
same  powers,  perform  the  same  duties,  and  be  subject  to  the  same 
liabilities  as  the  city  marshal. 

§  3.  The  city  council  may,  when  deemed  expedient,  appoint 
a  competent  number  of  watchmen,  to  continue  in  office  during 
the  pleasure  of  the  city  council,  and  to  be  subject  to  removal  at 
any  time  by  the  mayor,  for  good  cause.  The  watchmen  shall 
have  and  exercise  all  the  powers,  perform  all  the  duties,  and  be 
subject  to  all  the  liabilities  incident  to  the  office  by  law,  or  such 
as  may  be  prescribed  by  ordinance. 

§  4.  Each  policeman  or  watchman  shall,  before  entering 
upon  the  duties  of  his  office,  take  and  subscribe  the  oath  required 
by  the  city  charter  of  other  city  officers,  and  may  be  required  by 
the  city  council  to  execute  bond  to  the  city,  conditioned  as  in  the 
case  of  other  city  officers,  and  in  such  sum  and  with  such  securi- 
ties as  they  may  prescribe  by  order  or  resolution.  The  bond  and 
oath  of  office  shall  be  filed  in  the  office  of  the  city  clerk.  Watch- 
men and  policemen  shall  receive  such  fees,  salary  or  compensation 
as  may  be  provided  by  the  city  council. 

§  5.  The  mayor  shall  exercise  a  general  supervision  and 
control  over  the  police  department,  and  shall  see  that  the  various 
police  officers  are  prompt  and  efficient  in  the  discharge  of  their 
duties,  and  he  shall,  from  time  to  time,  take  such  measures  for 
the  preservation  of  the  public  peace  and  good  order,  and  for  the 
prompt  and  efficient  execution  of  the  laws  of  the  state  and  the 
ordinances  of  the  city,  as  may  be  deemed  most  expedient  and  best 
to  accomplish  the  purpose  contemplated. 

§  6.  The  city  marshal  shall  be  the  chief  of  police,  and  all 
policemen  and  watchmen,  except  otherwise  provided  by  ordinance, 
shall  be  subject  to  his  direction  and  control.  The  marshal  and 
each  policeman  shall  have  a  station  in  some  central  location, 
where  he  shall  attend  at  all  reasonable  hours,  except  when  absent 
on  duty:  and  all  police  officers  shall  render  prompt  and  efficient 
aid  to  each  other  in  the  discharge  of  their  duties. 

§  7.  All  members  of  the  police  department  shall  cause  ail 
the  ordinances  of  the  city  to  be  observed  and  enforced,  especially 
within  their  respective  wards  or  districts.  When  any  violation 
of  law  or  of  any  ordinance  shall  come  to  the  knowledge  of  any 
member  of  the  police  department,  or  be  reported  to  him,  he  shall, 
without  delay,  cause  the  proper  complaint  to  be  made  before  a 
police  magistrate  or  other  competent  court,  and  the  proper  wit- 
nesses to  be  summoned  or  evidence  procured  for  the  successful 

(39) 


ORDINANCES  OF  THE  CITf  OE  DANVILLE, 


prosecution  of  the  offender.  The  mayor,  or  any  alderman  or 
police  magistrate  may,  and  all  other  police  officers  shall,  arrest, 
With  or  without  process,  any  person  who  shall  be  found  in  the  act 
of  violating  any  ordinance  of  the  city,  and  commit  him  for  exam- 
ination, and,  if  necessary,  detain  him  in  custody  over  night,  or 
over  Sunday,  or  place  him  in  the  county  jail,  city  prison  or  other 
secure  place,  until  he  can  be  brought  before  the  police  magistrate 
or  other  competent  court. 

§  8.  Ko  policeman,  while  on  duty,  shall  enter  any  dram  shop 
or  place  where  intoxicating  liquors  are  sold,  except  to  quiet  a 
disturbance  or  to  make  an  arrest,  or  when  officially  called,  under  a 
penalty  of  not  less  than  five  dollars,  nor  more  than  twenty-five 
dollars  for  each  offense. 

§  9.  Any  police  officer  shall  have  authority,  upon  reasonable 
ground  of  suspicion,  to  enter,  peaceably,  or  if  refused  or  resisted 
after  demand  made,  by  force,  any  house  or  other  premises  in  which 
any  person  may  be  suspected  to  be  for  unlawful  purposes,  and 
may  arrest,  without  process,  any  person  who  may  be  found  there- 
in, guilty  or  reasonably  supposed  to  be  guilty  of  any  criminal 
act,  and  detain  him  in  custody  as  in  other  cases,  until  he  can  be 
brought  before  a  competent  court  or  magistrate. 

§  10,  Policemen  shall  have  power  and  authority  to  serve 
and  execute  all  process  for  the  apprehension  or  commitment  of 
all  persons  charged  with  the  violation  of  any  ordinance  of  the 
city,  and  in  all  cases  arising  under  the  charter  or  ordinances  of 
the  city,  in  the  same  manner  and  with  the  same  powers  as  the  city 
marshal. 

§  11.  The  city  supervisor  shall  have  power  to  arrest,  with- 
out process,  in  the  same  manner  as  police  officers,  all  persons  who 
may  be  found  violating  any  ordinance  in  relation  to  streets,  alleys 
or  sidewalks. 

§  12.  In  all  cases  where  any  person  or  persons  shall  here- 
after be  arrested,  with  or  without  warrant,  for  the  breach  of  any 
ordinance  now  in  force,  or  that  may  hereafter  be  in  force,  and 
such  person  or  persons  shall  at  the  time  of  his  or  her  arrest  be 
drunk  or  intoxicated,  the  officer  making  the  arrest  shall  convey 
the  person  or  persons  to  the  city  prison  and  there  detain  him  or 
her  or  them  until  such  person  shall  be  sober  >  and  it  shall  then  be 
the  duty  of  the  officer  making  the  arrest  to  take  such  offender 
before  a  police  magistrate  or  other  court,  to  be  dealt  with  accord- 
ing to  law  and  the  ordinances  of  the  city*  And  any  officer  who 
shall  fail  to  take  such  offender  before  a  police  magistrate  or  other 
court  having  jurisdiction  of  the  offense  charged,  shall  be  suspend- 
ed from  his  official  duties  by  the  mayor.  And  the  police  magis- 
trate or  other  court  shall  also  have  power  and  authority  to  order 
any  person  to  be  detained  in  custody  in  the  manner  and  for  the 
time  aforesaid,  who  shall  be  brought  before  them  charged  with 


ORDINANCES  OF  THE  CITY  0?  DANVILLE. 


79 


the  violation  or  breach  of  any  ordinance)  and  who  at  the  time  of 
his  appearance  shall  be  drunk  or  intoxicated, 

§  13.  Whoever  shall  falsely  represent  himself  to  be  an  offi- 
cer of  this  city,  or  shall,  without  authority,  exercise  or  attempt 
to  exercise  any  of  the  powers,  duties  or  functions  of  any  city 
officer,  shall  be  subject  to  a  penalty  of  not  less  than  ten  dollars, 
and  not  exceeding  one  hundred  dollars  for  each  offense. 

§  14.  Whosoever  shall  willfully  hinder,  delay,  resist  or  ob« 
struct  any  city  officer,  or  any  person  legally  authorized  by  him, 
in  the  discharge  of  his  duty,  or  shall  aid,  abet,  or  encourage  any 
such  hindering,  delaying,  resisting  or  obstructing,  or  shall  neglect 
or  refuse  to  obey  any  lawful  order  or  directions  of  any  such 
officer,  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars, 
and  not  exceeding  one  hundred  dollars  for  each  offense. 

§  15.  Whoever  shall  rescue  or  attempt  to  rescue,  or  shall 
abet  or  encourage  the  rescue  or  escape  of  any  person  from  the 
custody  of  any  officer,  or  other  person  legally  having  him  in 
charge  ;  or  shall  molest  or  interfere  with  any  officer  or  other  per* 
son  so  legally  having  any  person  in  custody  j  or  shall  aid,  abet 
or  encourage  the  rescue  or  escape,  or  the  attempt  to  escape,  from 
any  prison  of  any  person  legally  committed  thereto,  or  shall 
supply  or  attempt  to  supply  any  such  person  with  any  weapon, 
or  with  any  implement  or  means  of  escape,  or  for  attempting  to 
escape,  or  with  any  intoxicating  liquors,  shall,  in  each  case,  be 
subject  to  a  penalty  of  not  less  than  twenty-five  dollars,  and  not 
exceeding  one  hundred  dollars  for  each  offense. 

§  16.  Whenever  any  person  who  shall  escape  from  any 
prison  or  other  place  of  confinement  to  which  he  has  been  legally 
committed,  or  shall  escape  from  any  officer  or  other  person  hav- 
ing him  in  custody,  it  shall  be  the  duty  of  the  marshal  and  all 
police  officers  to  re-arrest,  without  process,  the  party  so  escaping 
whenever  he  may  be  found  and  re-commit  him  to  prison  or  de- 
liver him  into  the  custody  of  the  officer  or  person  from  whom  he 
escaped. 

§  17.  Any  police  officer  may  call  upon  any  male  person 
above  the  age  of  eighteen  years,  to  aid  him  in  the  arrest,  retak* 
ing  or  custody  of  any  person  having  committed  any  unlawful  act, 
or  to  aid  in  preventing  the  commission  of  any  unlawful  act,  and 
whoever  shall  neglect  or  refuse  to  give  such  aid  and  assistance 
when  so  required,  shall  be  subject  to  a  penalty  of  not  less  than 
five  dollars,  and  not  exceeding  one  hundred  dollars  for  each 
offense. 

§  18.  Any  city  officer  who  shall  willfully  fail,  neglect  or 
refuse  to  perform  any  duty  required  of  him  by  the  city  charter 
or  ordinances  of  the  city,  or  who  shall  be  guilty  of  any  misfeas- 
ance, malfeasance  or  improper  conduct  in  the  discharge  of  any  of 
the  duties  of  his  office,  shall  be  subject  to  a  penalty  of  not  less 


80 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


than  ten  dollars,  and  not  exceeding  one  hundred  dollars,  and  may 
be  removed  from  office. 

§  19.  Whenever  the  mayor  and  the  cornmittee  on  police 
shall  deem  it  necessary  to  establish  a  temporary  night  watch,  or 
temporarily  to  increase  the  number  of  watchmen  or  policemen, 
they  may  appoint  in  writing  under  the  corporate  seal  and  signa- 
ture of  the  mayor,  a  suitable  number  of  temporary  watchmen  or 
policemen,  whose  powers,  duties  and  liabilities  shall  be  the  same 
as  other  watchmen  and  policemen,  and  who  shall  take  and  sub- 
scribe the  same  oath,  and  may  be  required  to  execute  bond  to  the 
city  in  like  manner.  The  persons  so  appointed  shall  receive  such 
compensation  as  may  be  agreed  upon,  or  as  may  be  provided  by 
the  city  council,  and  the  city  council  may  continue  or  discontinue 
the  same  in  its  discretion. 

§  20.  All  suits  or  actions  for  the  recovery  of  any  fine,  penal- 
ty or  forfeiture  arising  under  the  city  charter  or  the  ordinances 
of  the  city,  where  the  amount  sued  for  in  controversy  does  not 
exceed  two  hundred  dollars,  may  be  brought  before  any  police 
magistrate  of  the  city,  or  before  any  justice  of  the  peace  in  the 
city,  designated  by  the  city  council. 

§  21.  Before  any  suit  shall  be  brought  in  the  name  of  the 
city  by  any  police  magistrate  or  justice  of  the  peace,  for  any  fine 
or  penalty,  the  city  attorney  or  other  officer  prosecuting  shall 
file  a  statement  signed  by  him,  substantially  as  follows,  to-wit : 

"  A.  B.,  to  the  city  of  Danville,  Dr.,  to  dollars  for  a 

violation  of  the  section  (or  sections)  of  an  ordinance  of 

the  city  of  Danville,  entitled  (here  set  forth  the  title  of  the  ordi- 
nance) passed  on  the   da}'  of  18  — ,  (or  of  the  city 

charter  as  the  case  may  be,)  in  this,  to-wit:  that  the  said  A.  B., 
on  or  about  the   day  of   A.  D.  18—,  before  the  com- 

mencement of  this  suit,  did  at  the  city  of  Danville  (or  within  the 
jurisdiction  of  said  city),  (here  state  the  particular  violation  or 
violations  complained  of,  as  near  as  may  be,  in  the  language  of 
the  ordinance  or  the  city  charter). 

Signed,  C.  D." 

§  22.  Upon  affidavit  being  made  by  any  person  of  the 
violation  of  any  ordinance  by  any  other  person,  stating  the  na- 
ture of  the  violation,  a  warrant  may  be  issued  for  the  accused,  as 
in  other  cases. 

§  23.  No  process  shall  be  necessary  when  the  person  is 
legally  arrested  without  warrant  and  brought  before  the  court, 
but  the  officer  making  the  arrest  shall,  unless  waived  by  the  per- 
son arrested,  return  a  written  statement  of  the  cause,  time  and 
place  of  arrest,  and  a  note  thereof  shall  be  entered  upon  the 
docket  of  the  court,  and  in  all  cases  the  statement  required  by 
the  thirteenth  section  thereof  shall  be  made  out,  signed  and  filed 
as  therein  described. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


81 


§  24.  Any  person  who  may  be  arrested  by  or  in  the  custody 
of  any  officer  for  the  violation  of  any  ordinance  of  the  city,  may 
release  himself  from  custody  or  imprisonment  by  entering  into 
bail  or  recognizance  before  such  officer  or  before  any  police  mag- 
istrate, in  such  amount  or  with  such  surety  or  sureties  as  may  be 
required  of  him,  and  conditioned  that  he  will  appear  before  the 
police  magistrate  or  court  named  therein  at  the  time  named,  and 
remain  and  answer  the  offense  with  which  he  stands  charged,  and 
await  his  trial  thereon,  and  not  depart  the  court  without  leave. 
The  amount  of  the  penalty  of  the  bond  or  recognizance  shall  be 
proportioned  to  the  offense  charged,  and  such  bond  or  recogni- 
zance shall  be  filed  with  the  magistrate  or  court  named  therein, 
by  the  officer  taking  the  same,  and  if  the  offender  shall  fail  to 
appear,  or  shall  otherwise  fail  to  comply  with  the  conditions 
thereofj  the  same  shall  be  adjudged  forfeited,  and  suit  shall  forth- 
with be  brought  thereon  against  the  offender  and  his  surety  or 
sureties,  for  the  full  amount  of  the  penalty  thereof,  and  judgment 
shall  be  rendered  by  the  court  for  the  same  and  all  costs,  or  for 
so  much  of  said  penalty  as  may  be  adjudged  just  and  proper, 
upon  examination  of  the  facts  of  the  case. 

§  25.  All  officers  making  arrests  shall  attend  as  witnesses 
before  the  police  court  and  shall  procure  all  necessary  evidence 
in  their  power,  and  furnish  a  list  of  all  witnesses  to  the  court  or 
to  the  city  attorney. 

§  26.  Witnesses  and  jurors  attending  before  any  police 
magistrate  in  any  suit  or  action  for  any  fine  or  penalty  arising 
under  the  ordinances  of  the  city,  shall,  in  case  judgment  is  ob- 
tained against  the  offender  and  collected  by  him,  be  entitled  to 
the  same  fees  as  in  like  cases  before  justices  of  the  peace.  Bui*  no 
costs  of  any  kind  shall  be  taxed  against  or  collected  of  the  city. 

§  27.  The  city  attorney  shall  not  be  compelled  to  bring  or 
prosecute  any  suit  in  any  case  where  he  and  the  court  may  be 
satisfied  that  the  complaint  is  instituted  maliciously  or  vexatious- 
ly,  and  without  any  probable  cause,  and  that  the  interests  of  the 
public  or  of  the  city  will  not  be  subserved  thereby.  And  if  any 
person  charged  with  any  offense  shall,  upon  his  trial  therefor,  be 
acquitted,  and  it  shall  satisfactorily  appear  to  the  court  that  the 
complaint  or  prosecution  was  instituted  maliciously  or  vexatiously 
and  without  probable  cause,  judgment  may  be  rendered  against 
the  complainant  or  prosecutor  for  the  costs  arising  in  the  case, 
and  execution  issued  for  the  collection  of  the  same. 

§  28.  When  any  person  shall  be  committed  b}-  any  court  or 
police  magistrate  for  the  non-payment  of  any  fine  or  penalty, 
the  city  marshal  or  any  policeman  may  take  such  person  from 
the  county  jail  or  other  place  of  confinement,  and  deliver  him, 
with  a  copy  of  the  execution  and  with  the  amount  of  fine  and 
costs,  into  the  custody  of  the  city  supervisor,  or  either  of  them, 
or  any  other  person  having  charge  of  any  of  the  public  works  of 

m 


82 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


the  city.  And  the  supervisor  or  other  such  person  shall  receive 
the  person  so  committed  into  his  custody,  and  receipt  for  him, 
and  shall  enter  in  a  book  the  amount  of  the  tine  and  costs,  and 
the  number  of  days  which  the  person  will  be  required  to  labor  to 
discharge  the  same,  at  the  rate  of  two  dollars  for  each  day  he 
shall  diligently  labor.  And  he  shall  compel  such  person  to  labor 
upon  the  streets  or  alleys  and  any  other  public  works  of  the  city 
for  ten  hours  in  each  day,  and  shall  credit  him  with  two  dollars 
for  each  day  he  shall  so  diligently  labor,  and  shall  discharge  him 
when  he  shall  have  labored  out  his  fine  and  costs. 

§  29.  Any  person  so  committed  who  shall  refuse  to  labor,  or 
who  shall  conduct  himself  in  a  riotous  manner,  or  shall  refuse  to 
obey  the  orders  of  the  supervisor  or  other  person  having  him 
in  charge,  or  shall  resist  him  or  attempt  to  escape,  shall  not  be 
entitled  to  any  credit  on  his  fine,  and  may  be  re-committed  to  the 
county  jail,  or  other  place  of  confinement,  until  he  shall  consent 
to  labor. 

§  30.  Any  person  committed  may  at  any  time  pay  the 
amount  of  the  execution  and  costs,  and  upon  the  payment  being 
made,  or  upon  his  working  out  the  amount  of  the  fine  and  costs 
against  him,  or  otherwise  being  entitled  to  his  discharge,  the 
marshal,  supervisors  or  other  officer  or  person  having  him  in 
custody,  shall,  if  required,  give  him  a  written  discharge  and  set 
him  at  liberty. 

§  31.  The  supervisors  or  other  officer  or  person  having  any 
person  so  committed  into  his  custody,  for  the  purpose  of  laboring 
out  his  fine  and  the  costs,  shall  furnish  him  plain,  wholesome 
food,  for  which  he  shall  be  allowed  twenty-five  cents  per  meal,  to 
be  paid  by  the  city,  and  he  may  commit  such  person  to  the  county 
jail  or  other  secure  place  for  safe  keeping  when  not  laboring,  and 
take  him  therefrom  each  day  for  the  purpose  of  laboring. 

§  32.  The  supervisors,  the  marshal  or  other  officer  having 
such  person  in  custody,  shall,  from  time  to  time,  report  to  the  city 
council  in  writing,  the  names,  the  amount  ot  the  fine,  the  manner 
of  discharging  the  same,  and  the  number  of  days'  labor  per- 
formed; and  if  any  person  so  committed  shall  escape,  the  officer 
or  person  having  him  in  custody  shall  immediately  notify  the 
mayor  and  marshal  thereof,  giving  the  marshal  a  description  of 
such  person. 

§  33.  Any  police  magistrate  or  other  officer  collecting  fines 
or  moneys  on  account  of  the  city,  shall  pay  the  same  into  the 
city  treasury  as  fast  as  collected.  The  police  magistrate  before 
whom  any  suit  or  suits  may  be  brought  in  the  name  of  the  city 
for  the  recovery  of  any  fines  or  penalties,  shall,  quarterly,  on  the 
first  Thursday  of  March,  June,  September  and  December  in  each 
year,  report  to  the  city  council  a  list  of  all  the  suits  brought  in 
the  name  of  the  city  since  his  last  report,  with  the  disposition 
made  of  each  case,  the  amount  of  the  fine  imposed,  if  any,  the 


ORDINANCES  OP  THE  CITY  OP  DANVILLE*,  83 


name  of  the  officer  charged  with  the  collection  of  the  same,  by 
whom,  and  the  amount  collected;  also  the  amount  collected  since 
his  last  report  upon  any  judgment,  for  any  tine  rendered  prior 
to  such  report.  If  any  police  magistrate  shall  neglect  or  refuse 
to  hold  a  police  court  at  any  reasonable  time  when  required,  or 
shall  neglect  or  refuse  to  pay  over  any  moneys  collected  by  him, 
or  make  his  quarterly  report  as  is  herein  required,  the  city  coun- 
cil may  order  all  suits  in  the  name  of  the  city  for  the  recovery  of 
any  tine  or  penalty,  to  be  brought  before  some  other  police  mag* 
istrafe  or  justice  of  the  peace  who  shall  agree  to  comply  with 
the  requirements  hereof,  and  before  whom  all  suits  in  the  name 
of  the  city  for  the  recovery  of  any  fine,  forfeiture  or  penalty 
shall  be  brought.  If  any  police  magistrate  or  other  officer  shall 
neglect  or  refuse  to  pay  over  any  fine,  or  any  moneys  collected 
by  him  on  account  of  the  city,  legal  proceedings  may  be  com- 
menced at  any  time  to  compel  such  payment. 


CHAPTEE  XX, 

POWDERs 

Section  1.    Quantity  to  be  kept ;  distance  from  dwelling, 

§  1.  Whoever  shall  keep  or  cause  to  be  kept,  or  knowingly 
allow  his  premises  to  be  used  for  storing  more  than  twenty-five 
pounds  of  powder  within  the  city  limits,  within  one  hundred 
yards  of  a  dwelling  or  storehouse,  shall  be  subject  to  a  penalty  of 
not  less  than  twenty-five  dollars,  and  not  exceeding  one  hundred 
dollars, 


h4 


ORDINANCES  OF  THE  CITY  OF  DANVILLE, 


CHAPTEK  XXI. 

RAILROADS. 

Sectiok.  Section. 

1.  Speed  of  locomotive  or  cars  not  to    3.    Railroad  companies  to  station  flag- 

exceed  six  miles  per  hour,'  fine.  men  at  street  crossings. 

4.    Violations  of  this  ordinance  ;  pen- 

2.  No  train  to  stand  npon  or  across  alty. 

streets  to  exceed  five  minutes; 
fine  ;  train  cut  and  separated. 

§  1.  It  shall  be  unlawful  to  run,  drive,  or  propel  in  any 
manner  whatever,  along  any  railroad  track,  side-track  or  switch, 
within  the  corporate  limits  of  the  said  city  of  Danville,  any  loco- 
motive engine,  railroad  passenger  car,  railroad  freight  car,  or  any 
train  or  trains  of  cars,  or  hand  car,  at  a  speed  exceeding  the  rate 
of  six  miles  per  hour. 

§  2.  That  it  shall  be  unlawful  for  any  railroad  company  or 
railroad  corporation,  either  by  itself,  its  agents,  engineers,  em- 
ployes or  conductors,  or  for  any  conductor  or  engineer,  employed 
by  any  railroad  company  or  railroad  corporation,  to  cause  or  allow 
any  locomotive  engine,  car  or  cars,  or  train  of  cars  to  stop  in,  or 
across,  or  remain  upon  or  across  the  following  named  streets  : 
South  street,  Main  street,  Green  street,  North  street.  Vermilion 
street,  Walnut  street,  Gilbert  street,  Harmon  avenue,  Williams 
street,  Eobinson  street,  Chandler  street,  Grant  street,  Oak  street, 
Franklin  street,  Jackson  street,  Hazel  street,  within  the  corporate 
limits  of  the  said  city  of  Danville,  for  a  space  of  time  exceeding 
five  minutes:  Provided,  however,  that  it  shall  be  lawful  for  a  train 
of  cars  to  remain  across  any  of  the  said  streets,  if  the  same  shall 
be  uncoupled,  cut  and  separated  in  such  a  manner  as  to  allow  free 
passage  along  such  streets  for  teams  and  foot  passengers. 

§  3.  All  railroad  companies  whose  track  or  tracks  cross  or 
intersect  any  of  the  following  named  streets  in  the  city  of  Dan- 
ville, to-wit :  Main  street  and  Vermilion  street,  and  at  all  street 
crossings  where  they  shall  be  required  so  to  do  by  the  mayor  of 
said  city,  shall  station,  keep  and  maintain  at  all  times,  at  their 
own  expense,  at  each  and  every  one  of  said  street  and  railroad 
crossings,  a  flagman,  wThose  duty  it  shall  be  to  signal  persons  trav- 
eling in  the  direction  of  any  or  either  of  the  crossings  aforesaid, 
and  warn  them  of  the  approach  of  any  locomotive  engine,  car  or 
cars,  or  other  impending  danger. 

§  4.  Any  railroad  company  or  railroad  corporation,  who 
shall,  by  themselves,  their  agents  or  employes,  violate  or  fail  to 
observe  any  of  the  foregoing  provisions  of  this  ordinance,  or  any 
agent  or  employe  of  any  railroad  company  or  railroad  corpora- 
tion or  other  person  who  shall  violate  or  fail  to  observe  the  same, 


ORDINANCES  OF  THE  CITY  OP  DANVILLE. 


85 


shall,  for  each  violation  or  failure  to  observe  the  same,  be  fined  in 
a  sum  of  not  less  than  five  dollars,  nor  exceeding  two  hundred 
dollars  for  each  offense. 


CHAPTER  XXTI. 

SEAL. 

Section* 

2.  City  clerk  to  prepare  commissions, 
affix  corporate  seal ;  copies  of 
record  to  be  certified  under  seal; 
seal  not  binding  on  the  city. 

§  1.  The  corporate  seal  of  the  city  of  Danville  shall  be  of 
circular  shape,  with  the  words,  "Corporate  Seal  of  the  City  op 
Danville,  Illinois,  1867,"  engraved  on  the  face  thereof. 

§  2.  The  city  clerk  shall  prepare  all  commissions  or  other 
official  documents  required  to  be  issued,  and  affix  the  corporate 
seal  thereto,  and  attest  or  countersign  the  same.  He  shall  affix 
the  corporate  seal  to  all  official  acts  of  the  mayor  requiring  it,  and 
if  necessary,  attest  or  countersign  the  same.  He  shall  certify, 
under  the  corporate  seal,  copies  of  all  records,  documents  or 

gapers  in  his  office,  when  required  by  any  officer  or  other  person, 
ut  in  no  case  shall  the  impression  of  the  corporate  seal  be  bind- 
ing upon  the  city,  unless  it  be  authorized  by  the  charter  or  ordi- 
nances of  the  city,  and  is  attested  by  the  signature  of  the  city 
clerk. 


Section. 

1,    Shape  ;  words  on. 


(41) 


ORDINANCES  OF  THE  CITY  Of*  DANVILLE, 


CHAPTEE  XXIII. 

SHOWS, 

Section.  Section. 

1.  License  required  ;  proviso.  4.    Good  order  to  be  kept. 

2.  Circus,  menagerie,    etc.;   amount    5.    Disorderly  conduct,  penalty ;  dis^ 

taxed  for   license;  side  shows  orderly  conduct,  license  revoked , 

not  included  \  other  exhibitions,    6.    Penalty  for   violatisg  provisions 
etc.;  amount  taxed  for  license  i  hereof, 
proviso. 

3.  Shows,  etc  ,  not  otherwise  provided 

for ;  amount  of  license. 

§  1,  It  shall  not  be  lawful  for  &ny  person  or  persons  to  own, 
conduct  or  manage  for  gain  within  the  city,  any  theatre,  circus, 
caravan,  or  other  exhibition,  show  or  amusement  j  or  exhibit  any 
natural  or  artificial  curiosities,  or  panoramic  or  other  show  or 
device  of  any  kind  j  or  give  any  concert  or  musical  entertainment 
without  a  license;  provided^  that,  for  musical  parties  or  concerts 
and  exhibitions  ot  paintings,  or  statuary,  or  for  fairs  given  or 
made  by  citizens  of  this  city,  or  lectures  given  before  any  society  $ 
or  for  any  exhibition  show  or  amusement  given  for  any  charita- 
ble or  benevolent  purpose,  no  license  shall  be  required. 

§  2.  For  a  license  for  the  exhibition  of  any  circus,  menag- 
erie or  other  like  exhibition,  there  shall  be  taxed  and  collected 
not  less  than  twenty-five  dollars,  and  not  exceeding  fifty  dollars, 
lor  two  exhibitions  or  less,  and  not  less  than  ten  dollars  for  each 
exhibition  thereafter,  not  including  side  shows  or  other  exhibi- 
tions traveling  therewith  or  attached  thereto,  which  shall  be 
taxed  for  a  license  not  less  than  five  dollars  each  for  each  day  they 
shall  so  exhibit.  For  a  license  for  any  other  exhibition,  show  or 
amusement,  there  shall  be  taxed  and  collected  not  less  than  three 
dollars  for  any  single  exhibition,  and  not  less  than  two  dollars  for 
each  exhibition  thereafter)  provided)  that  in  case  any  such  exhi- 
bition shall  continue  for  more  than  one  Week,  they  shall  be  taxed 
at  the  rate  of  one  dollar  for  each  exhibition  thereafter. 

§  3.  Whoever  shall,  for  the  purpose  of  gain?  set  up  any 
show,  swing,  machine,  implement  or  device  of  any  kind  whatever, 
not  otherwise  provided  for  by  ordinance,  shall  be  required  to 
obtain  a  license  therefor,  and  for  such  license  there  shall  be  taxed 
and  collected  not  less  than  three  dollars,  and  not  more  than  ten 
dollars  for  each  day, 

§  4.  Any  person  giving  or  conducting  any  exhibition,  show 
or  amusement,  shall  preserve  good  order  in  and  about  the  place 
of  his  exhibition  or  amusement,  and  it  necessary  for  that  purpose, 
shall  employ  at  his  own  expense,  sufficient  police  force. 

§  5.  Any  person  who  shall  conduct  himself  in  a  riotous  or 
disorderly  manner  at  any  place  of  exhibition  or  amusement,  shall 


ORDINANCES  OP  THE  CITY  OP  DANVILLE* 


87 


be  subject  to  a  penalty  of  not  less  than  three  dollars,  and  not  ex* 
ceeding  one  hundred  dollars;  and  if  any  person  belonging  to  or 
connected  with  any  such  show  or  exhibition  shall  conduct  himself 
in  a  riotous  or  disorderly  manner,  or  cause  any  disturbance  or 
breach  of  the  peace  at  the  place  of  exhibition,  the  license  of  such 
show  or  exhibition  may  be  revoked  or  forfeited  in  the  discretion 
of  the  mayor  or  police  magistrate,  and  no  license  at  any  time 
thereafter  shall  be  granted  for  such  exhibition  unless  for  good 
cause  shown,  with  the  consent  of  the  city  council, 

§  6.  If  any  person  shall  violate  or  aid  and  assist  in  the  viola- 
tion of  any  of  the  foregoing  provisions,  or  neglect  or  refuse  to 
conform  thereto,  he  shall  be  subject  to  a  fine  of  not  less  than 
twenty-five  dollars,  and  not  exceeding  two  hundred  dollars  for 
each  offense. 


CHAPTER  XXIT, 

SIDEWALKS* 

Section.  Section. 

1.  Constructed  to  'established  grade  -;    7.    Hitching  posts;  notice )  penalty* 

or  to  temporary  grade  ;  kind  of  8.    Awnings ;  covering;  extent;  height^ 

material.  notice;  penalty. 

2.  Width  of  sidewalks^  9>  Boxes  ;  signs  ;  merchandise  not  to 
•3.    Ward  supervisors  to  superintend  be  placed  on  sidewalk;  sales; 

construction  ;    removal  of  otr-  penalty. 

structions.  1(X    Receiving   or    delivering   goods  $ 

4.    Private  drain ;  street  gutter  ob-  penalty. 

structed  ;  owner  to  remove  ;  no*-  11.    Riding,  driving  wagons,  &c,  on 

tice  ;  penalty..  walk  ;  penalty. 

•5.    Private  drain  across  sidewalk  to  12,    Obstructed  by  snow,,  &e,  ;  penalty, 

be  boxed  ;  penalty-.  13.    Sidewalks  to  be  kept  opem 

6.    Steps  ;    platform    not   to  extend  14.    Falling  water ;  penalty. 

more  than  three  feet  ;  steps  to  15.    Teams  <  penalty, 

upper  story  suspended ;  base^ 

ment   way  to  be  secured  by 

railing;  grating;  windows;  pen* 

alty. 

§  1.  All  sidewalks  in  the  city  of  Danville  shall  be  laid  or 
otherwise  constructed  to  the  established  grade  $  that,  where  no 
grade  has  been  established,  the  sidewalk  shall  be  laid  or  other- 
wise constructed  to  such  temporary  grade  as  may  be  fixed  by 
the  city  engineer;  and  that  every  sidewalk  shall  be  constructed 
of  such  kind  of  material  or  materials  as  the  city  council  shall 
order. 


88 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


§  2.  That  the  width  of  sidewalks  in  the  said  city  of  Dan- 
ville shall  be  as  follows,  that  is  to  say:  Sidewalks  which  are  or 
may  be  parts  of  streets  five  rods  wide,  shall  be  twelve  feet  in 
width  y  sidewalks  which  are  or  may  be  parts  of  streets  four  rods 
wide,  shall  be  ten  feet  in  width  j  and  sidewalks  which  are  or  may 
be  parts  of  streets  three  rods  wide,  shall  be  eight  feet  in  width. 

§  8.  That  the  ward  supervisors  shall  superintend  the  con- 
struction and  the  repairing  of  every  sidewalk  in  the  said  city  of 
Danville,  and  shall  require  them  to  be  constructed  of  the  kind  of 
material  or  materials  that  may  be  ordered  by  the  city  council, 
and  in  the  mode  hereinafter  prescribed)  and  that  they  shall  have 
power  under  the  order  and  direction  of  the  said  city  council  to 
cause  the  removal  of  every  obstruction  which  may  be  upon  any 
sidewalk,  or  in  any  gutter  or  drain  adjacent  thereto,  as  herein- 
after provided. 

§  4.  That  whenever  any  private  drain  or  street  gutter  in 
front  of,  adjacent  to,  or  upon  the  premises  owned  or  occupied  by 
any  person  or  persons  shall  become  filled  or  otherwise  obstruc- 
ted by  rubbish,  filth  or  offal,  or  in  any  manner  whatever,  it  shall 
be  the  duty  of  such  owner  or  occupant  to  remove  such  rubbish, 
tilth  or  offal,  or  other  obstruction,  and  cleanse  such  drain  or  street 
gutter  when  notified  so  to  do  by  any  member  of  the  city  council, 
city  marshal,  or  any  policeman  \  and  that  for  each  failure  or 
refusal  so  to  do,  after  being  notified  as  aforesaid,  such  owner  or 
occupant  shall  be  liable  to  a  penalty  of  one  dollar  per  daj^  for 
each  and  every  day  such  drain  shall  remain  obstructed  after  such 
notice. 

§  5.  That  whenever  any  owner  or  occupant  of  any  premises 
shall  construct  or  maintain  any  private  drain  across  any  sidewalk, 
such  owner  or  occupant  shall  properly  and  substantially  box  such 
private  drain  where  it  crosses  such  sidewalk,  and  keep  in  repair 
the  grade  of  such  sidewalk  where  the  same  lies  contiguous  to 
such  drain  so  boxed  as  aforesaid ;  and  that  for  each  failure  to 
comply  with  the  provisions  of  this  section  of  this  ordinance,  such 
owner  or  occupant  shall  be  liable  to  a  penalty  of  one  dollar  for 
each  and  every  day  that  the  same  shall  remain  after  notice  from 
the  mayor,  any  alderman,  marshal,  policeman  or  supervisor. 

§  6.  That  no  steps,  platform,  cellar-ways,  window  openings, 
stairs  or  the  approaches  thereto,  shall  in  whole  or  in  . part  be  built, 
erected  or  maintained  in  or  upon  any  sidewalk,  street  or  alley  of 
said  city,  or  on  any  part  thereof;  and  any  person  or  persons  who 
shall  violate  this  section  shall  be  subject  to  a  penalty  of  not  less 
than  three  dollars,  and  not  exceeding  one  hundred  dollars,  and  to 
a  like  penalty  for  each  day  he  may  suffer  or  permit  such  obstruc- 
tions or  encroachments  in  or  upon  the  sidewalks,  streets  or  alle}'s 
fronting  or  adjoining  his  premises.  This  section  shall  not  be  con- 
strued so  as  to  prevent  any  person  or  persons  from  extending 
their  cellars  or  basements  under  the  sidewalk  of  said  city,  or 


ORDINANCES  OF  THE  CITY  OP  DANVILLE.  89 


placing  coal  or  scuttle  holes  in  the  sidewalk  to  such  basements  or 
cellars;  provided  the  grade  and  width  of  such  sidewalk  is  not  in- 
fringed or  changed,  and  said  coal  or  scuttle  hole  protected  by 
secure  coverings,  and  that  such  lighting  of  such  cellars  or  base- 
ments is  done  in  such  way  as  not  to  interfere  with  the  use  by  the 
public  of  such  sidewalk  in  its  full  width. 

§  7.  That  no  hitching  post  be  permitted  or  allowed  upon 
Main  street  between  Franklin  street  and  the  Toledo,  Wabash  & 
Western  railway  track,  and  none  shall  be  permitted  or  allowed 
upon  Vermilion  street  between  North  street  and  South  street,  under 
a  penalty  of  five  dollars,  and  under  a  like  penalty  for  every  day 
such  hitching  posts  are  allowed  to  remain  within  the  aforesaid 
limits  after  a  notice  to  remove  the  same  by  the  city  supervisor, 
city  marshal  or  policeman. 

§  8.  That  all  awnings  in  the  said  city  of  Danville  shall  be  covered 
with  cloth,  leather  or  other  light  and  pliable  substance,  shall  be  se- 
curely attached  to  the  building  or  buildings  and  properly  supported 
without  posts,  by  iron  or  other  metallic  fastenings  and  supports, 
and  shall  be  elevated  at  least  eight  feet  at  the  lowest  point  thereof 
above  the  sidewalk,  and  shall  not  project  over  the  sidewalk  to  ex- 
ceed three-fourths  of  the  width  thereof,  and  that  no  such  awning 
shall  be  constructed  or  repaired,  either  wholly  or  in  part,  of  wood, 
and  that  any  person  who  shall  erect  any  awning  contrary  to  the 
provisions  hereof  or  refuse  or  neglect  forthwith  to  remove  any 
awning  or  awning  posts  heretofore  or  hereafter  erected  contrary 
to  the  provisions  hereof,  shall  be  subject  to  a  penalty  of  not  less 
than  five  dollars,  and  not  exceeding  one  hundred  dollars  for  each 
offense,  and  to  the  further  penalty  of  five  dollars  for  every  day  * 
he  shall  fail  to  comply  with  the  notice  after  the  lapse  of  three 
days  from  the  service  thereof  from  either  the  city  marshal  or  any 
policeman  to  remove  the  same. 

§  9.  That  no  clothing,  goods,  wares,  merchandise,  signs, 
boxes,  or  other  article  or  thing  whatever  shall  be  placed  in  front 
of  any  store,  shop,  office  or  other  place  in  said  city,  on  or  above 
the  sidewalk,  or  in  or  upon  any  alley,  so  as  to  occupy  more  than 
three  feet  next  to  the  buildings  or  premises  on  such  sidewalk  or 
alley,  or  of  the  space  above  the  sidewalk  or  alley,  and  such  arti- 
cles or  things  as  may  be  placed  on  the  sidewalk  shall  not  be  more 
than  three  feet  high  above  the  top  of  the  sidewalk,  and  all  signs, 
articles  or  other  things  that  may  be  hung  out  or  placed  above  the 
sidewalk  shall  be  so  placed  or  hung  that  "the  lowest  part  of  such 
articles  or  things  shall  be  at  least  seven  feet  and  six  inches  above 
the  top  of  the  sidewalk  and  shall  not  swing  more  than  three  feet 
from  the  building,  nor  shall  any  owner  or  occupant  of  any  lot  or 
premises  lease  the  space  aforesaid,  or  permit  or  allow  the  same  to 
be  used  or  occupied  except  for  his  or  their  own  business;  nor  shall 
said  space  be  used  for  selling  any  article  or  thing  whatever;  and 
that  any  person  or  persons  who  shall  violate  the  provisions  of  this 

(42) 


00 


ORDINANCES  OP  THE  CITY  OE  DANVILLE, 


section  shall  he  liable  to  a  penalty  of  five  dollars  for  every  forty- 
eight  hours  the  same  shall  remain  after  being  requested  to  remove 
the  same  by  the  ward  supervisor,  city  marshal  or  any  policeman. 

§  10.  That  all  signs  extending  over  or  fronting  upon  any 
street,  alley  or  sidewalk  in  the  said  city  of  Danville,  shall  be  se- 
curely fastened  to  their  supports,  and  that  any  person  or  persons 
owning  or  having  the  control  of  any  such  sign  who  shall  permit 
or  suffer  the  same  to  remain  insecurely  fastened  after  notice  of 
the  fact  by  the  city  marshal  or  any  policeman,  shall  pay  a  fine  of 
not  less  than  three  dollars,  nor  more  than  one  hundred  dollars  for 
each  day  he  shall  permit  or  suffer  the  same  to  so  remain. 

§  11.  That  no  person  or  persons  receiving  or  delivering 
goods,  wares  or  merchandise  in  said  city,  shall  place  or  keep  upon 
or  suffer  to  be  placed  or  kept  upon  any  sidewalk  in  said  city  any 
goods,  wares  or  merchandise  which  he  or  they  may  be  receiving 
or  delivering,  without  leaving  a  passage  way  clear  upon  each  side-  - 
walk  where  such  goods  may  be,  of  four  feet  wide,  for  the  use  of 
foot  passengers}  and  no  person  or  persons  receiving  or  delivering 
such  goods  shall  suffer  the  same  to  be  or  remain  on  such  sidewalk 
(subject,  nevertheless,  to  the  foregoing  restrictions,)  for  a  longer 
period  than  twenty-four  hours;  and  any  person  or  persons  violat- 
ing any  of  the  provisions  of  this  section,  shall  forfeit  and  pay  to 
said  city  a  sum  of  not  less  than  three  dollars,  nor  more  than  ten 
dollars,  and  shall  be  subject  to  a  like  penalty  for  each  hotvr  the 
said  goods  or  any  part  thereof  shall  remain  as  aforesaid  after 
notice  from  the  city  supervisor,  city  marshal  or  policeman  to  re- 
move the  same. 

§  12.  That  no  person  or  persons  shall  drive,  lead,  ride,  push 
or  draw  back  any  horse,  wagon,  cart  or  other  vehicle,  over  any 
sidewalk,  or  use,  ride  or  drive  any  horse,  wagon,  sled  or  sleigh 
thereon,  unless  it  be  in  crossing  the  same  to  go  into  a  yard  or  lot 
where  no  other  suitable  croising  or  means  of  access  is  provided, 
under  the  penalty  of  not  less  than  one  dollar,  nor  more  than  ten 
dollars  for  each  offense. 

§  13.  That  whoever  shall  not  keep  the  sidewalks  in  front  of 
or  adjoining  the  premises  owned  or  occupied  by  him  and  under 
his  control,  so  as  not  to  be  obstructed  by  snow,  dirt,  weeds,  or 
other  obstructions,  shall  be  subject  to  a  penalty  of  one  dollar  and 
a  like  penalty  for  each  day  he  shall  not  remove  such  obstruction 
after  notice  to  do  the  same  by  the  mayor,  the  supervisor,  any 
police  officer,  or  any  alderman. 

§  14.  That  the  owner  or  occupant  of  any  premises  within 
the  said  city  of  Danville  shall,  at  all  times,  keep  the  sidewalk  or 
sidewalks  in  front  of  such  premises  open  and  passable  for  foot 
passengers  and  the  public  generally,  passing  along  the  same  on 
foot}  and  that  for  each  failure  so  to  do,  such  owner  or  occupant 
shall  be  liable  to  a  penalty  of  not  less  than  five  dollars,  and  not 
exceeding  one  hundred  dollars  for  each  offense. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE*  91 


§  15.  Whoever  shall  suffer  or  permit  the  water  falling  or 
draining  from  any  building  owned  by  him  or  under  his  control) 
to  spread  over  the  sidewalk  in  front  thereof,  shall  be  subject  to  a 
penalty  of  one  dollar,  and  to  a  like  penalty  for  each  day  he  shall 
not  remedy  the  same  after  notice  to  do  the  same  by  the  mayor, 
the  supervisor  or  any  alderman* 

§  16.  Whoever  shall  fasten  or  leave  any  team  or  beast  of 
burden  in  such  a  manner  as  that  the  team,  the  vehicle,  the  animal, 
the  harness,  the  lines,  or  anything  belonging  thereto,  shall  be  an 
obstruction  to  the  sidewalk,  shall  be  subject  to  a  penalty  of  not 
less  than  one  dollar,  and  not  exceeding  ten  dollars  in  each  case. 


CHAPTER  XXV. 


STREETS  AND  ALLEYS* 


Section.  Section. 

1.  Permit  to  obstruct ;  penalty.  14*    Fuel,  etc, ;  penally, 

2.  Removal  of  buildings  ;  permit  for ;  15.    Press  of  teams  ;  penalty. 

penalty.  16.    Incumbrance  or  obstruction  ;  liable 

3.  Erection  on  streets  ;  penalty  ;  no-  for  damages. 

tice.  17.    Buildings  encroaching  on  streets, 

4.  Failure  to  remove  )  n  otice  ;  pen-  etc.,  not  to  be  rebuilt  5  penalty. 

alty.  18s  Obstructing  crossing  ;  penalty. 

5.  Duty  of  officers  ;  costs  cf  removal.  19.  Feeding  or   hawking  on  public 

6.  Incumbrance  ;  penalty.  square  prohibited. 

7.  Excavation,  etc.  ;  penalty.  20.  Labor  upon  streets ;  three  days. 

8.  Premises  contiguous  to  excavation  21.  Supervisors  to  give  notice :  tools  \ 

enclosed  ;  penalty  ;  notice.  form  of  notice. 

9.  Permit  to  excavate ;   tearing  up  22.    Eight  hours'  work )    disorder  of 

streets,  etc. ;  penalty  >  supervise  laborers  ;  penalty. 

ors  to  repair.  23„    Three  dollars  and  fifty  cents  to  be 

10.  Change  of  corners.  collected  ;  pay  in  ten  days  ;  suit 

11.  Removing  earth  ;  penalty.  by  supervisor  for  five  dollars. 

12.  Ashes,  etc.  5  penalty. 

13.  Street  crossing  ;  live  coals ;  kind- 

ling of  fire. 

§  1*  Ko  builder  or  other  person  shall  incumber  or  obstruct 
any  street  or  alley  with  building  or  other  like  materials,  without 
a  written  permit  from  the  mayor,  nor  shall,  except  in  case  of 
urgent  necessity  and  for  a  short  time,  incumber  or  obstruct  more 
than  one-third  of  any  street  or  alley,  or  one-half  of  the  sidewalk, 
nor  shall  such  obstruction  continue  in  any  case  longer  than  may 
be  necessary  in  the  diligent  erection  of  such  building,  or  the 


n 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


prompt  execution  of  the  work.  Whoever  shall  violate  any  pro- 
vision of  this  section  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars,  nor  more  than  one  hundred  dollars  for  each  day  he 
shall  continue  in  violation  thereof. 

§  2.  No  person  shall  move  or  cause  to  be  removed,  or  aid  in 
removing  any  building  through  or  across  any  street  or  alley  with- 
out a  written  permit  from  the  mayor,  nor  shall  in  removing  such 
building  unnecessarily  incumber  or  obstruct  any  street  or  alley  7 
nor  for  a  longer  time  than  may  be  necessary  in  the  prompt  and 
diligent  removal  of  such  building,  under  a  penalty  of  not  less 
than  ten  dollars,  and  not  exceeding  one  hundred  dollars  in  each 
case,  and  an  additional  penalty  of  not  less  than  three  dollars  for 
each  day  such  building  shall  unnecessarily  remain  in  any  street 
or  alley. 

§  3.  No  person  shall  make  or  cause  to  be  made  any  erection 
or  inclosure  encroaching  in  whole  or  in  part  upon  any  street, 
alley  or  sidewalk,  under  a  penalty  of  not  less  than  twenty  dollars, 
and  not  exceeding  one  hundred  dollars,  and  an  additional  penalty 
of  not  less  than  three  dollars,  and  not  exceeding  one  hundred 
dollars  for  each  day  the  same  shall  remain  after  notice  by  the 
mayor,  the  marshal,  the  supervisor  or  any  alderman  to  remove 
the  same. 

§  4.  The  owner  of  any  erection  or  enclosure  already  erected 
or  placed  and  encroaching  upon  any  street  or  alley  who  shall  not 
remove  the  same  after  thirty  days'  notice  by  the  mayor,  the 
marshal,  the  supervisor  or  any  alderman,  shall  be  subject  to  a 
penalty  of  not  less  than  ten  dollars,  nor  more  than  one  hundred 
dollars,  and  to  an  additional  penalty  of  three  dollars  for  each  day 
he  shall  fail  to  compty  with  such  notice. 

§  5.  The  mayor,  the  marshal,  the  supervisor  or  any  alder- 
man shall  cause  any  incumbrance,  obstruction,  erection  or 
inclosure,  in  or  upon  any  street,  alley  or  sidewalk,  contrary  to 
ordinance,  to  be  removed,  and  the  costs  of  such  removal  may  be 
collected  oi  the  person  causing  such  obstruction,  with  the  penalty, 
m  a  suit  in  the  name  of  the  city. 

§  6.  Whoever  shall  place,  throw  or  leave,  or  cause  to  be 
placed,  thrown  or  left,  any  obstruction  or  incumbrance  not 
authorized  by  ordinance  in  any  street  or  alley,  shall  be  subject  to 
a  penalty  of  not  less  than  three  dollars,  nor  more  than  one  hun- 
dred dollars,  and  to  an  additional  penalty  of  not  less  than  one 
dollar  nor  more  than  ten  dollars  for  each  day  he  shall  not  remove 
the  same  when  required  by  the  mayor,  the  supervisor,  any  police 
officer  or  any  alderman. 

§  7.  It  shall  be  unlawful  for  any  person  or  persons  to  ex- 
cavate, sap,  strip,  undermine,  or  in  any  manner  dig  away  any 
street,  alley  or  highway,  or  any  part  of  auy  street,  alley  or  high- 
way, and  any  person  or  persons  who  shall  excavate,  sap,  strip, 
undermine  or  in  any  manner  dig  away  any  street,  alley  or  high- 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


03 


way  shall  pay  a  penalty  of  not  less  than  ten  dollars,  nor  more 
than  one  hundred  dollars  for  each  offense  (the  amount  of  the 
said  penalty  to  be  determined  by  the  amount  of  damage  done  and 
the  estimated  expense  of  repairing  the  same). 

§  8.  Whenever  any  person  or  persons  shall  hereafter  ex- 
cavate, sap,  strip,  undermine,  or  in  any  manner  dig  away  to  the 
depth  of  four  feet  or  more  any  premises  lying  contiguous  to  or 
within  ten  feet  of  any  street,  alley  or  highway,  such  person  or 
persons  shall  inclose  or  cause  to  be  inclosed  such  premises  by  a 
substantial  railing  or  other  sufficient  barrier,  at  least  four  feet  in 
height,  and  shall  keep  up  such  railing  barrier  as  long  as  such  excava- 
tion shall  remain  contiguous  to  any  street  or  alley,  and  that  for 
each  neglect,  failure  or  refusal  so  to  do,  such  person  or  persons 
shall  pay  a  penalty  of  not  less  than  five  dollars,  and  not  more 
than  twenty  dollars,  and  a  penalty  for  each  day  he  shall  refuse  or 
neglect  to  erect  the  same  alter  notice  from  the  supervisor,  mayor, 
marshal  or  policeman. 

§  9.  No  person  not  authorized  by  ordinance  shall  make  any 
excavation  in  any  street,  alley  or  sidewalk  without  a  written  per- 
mit from  the  mayor,  under  a  penalty  of  not  less  than  three  dollars, 
and  not  exceeding  one  hundred  dollars.  Any  person  making  or 
causing  to  be  made  any  excavation  or  ditch,  for  any  purpose,  in 
any  street  or  alley  or  sidewalk  shall,  without  any  unecessary  delay, 
cause  the  same  to  be  filled  up  to  the  proper  level  of  the  street, 
alley  or  sidewalk,  and  shall  from  time  to  time,  if  necessary,  con- 
tinue to  repair  the  same  until  the  earth  is  completely  settled  and 
the  surface  conforms  to  the  proper  level  of  the  street.  Any  per- 
son tearing,  up  any  plank  or  paved  street  or  sidewalk,  or  bridge 
or  culvert  for  any  purpose,  or  negligently  breaking  or  injuring 
the  same  by  the  removing  of  any  building  over  the  same  shall, 
without  delay,  cause  such  plank  or  paved  street,  alley  or  sidewalk, 
or  bridge  or  culvert  to  be  repaired  and  placed  in  the  same  condi- 
tion as  before  the  breaking  or  injuring  thereof.  Any  person 
making  or  causing  to  be  made  any  excavation  or  ditch,  or  tearing 
up,  breaking  or  injuring  any  planked  or  paved  street,  alley  or 
sidewalk,  bridge  or  culvert,  or  causing  the  same  to  be  broken,  in- 
jured or  torn  up,  who  shall  not  comply  with  the  requirements  of 
this  section,  shall  be  subject  to  a  penalty  of  not  less  than  five 
dollars,  and  not  exceeding  one  hundred  dollars,  and  the  city  su- 
pervisors shall,  without  delay,  cause  such  filling  up  or  repairs  to  be 
made  and  completed,  and  the  costs  thereof  may  be  collected  of 
any  person  whose  duty  it  was  to  do  the  same,  and  recovered  with 
the  penalty  or  in  a  separate  suit,  in  the  name  of  the  city. 

§  10.  Whoever  shall  purposely  change  or  remove  any  stake, 
post  or  stone  placed  or  set  to  designate  the  corner  or  line  of  any 
lot  or  land,  street  or  alley,  or  to  show  the  grade  of  any  street, 
alley  or  sidewalk,  shall  be  subject  to  a  penalty  of  not  less  than 
five  dollars,  and  not  exceeding  one  hundred  dollars. 

(43) 


94 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


§  11.  Whoever  shall  for  any  private  purpose,  dig,  remove  or 
carry  away  any  earth  from  any  street  or  alley  without  the  per- 
mission of  the  city  council,  shall  be  subject  to  a  penalty  of  not 
less  than  one  dollar  for  each  load  removed  or  carried  away,  and 
any  city  officer  who  shall  sell  or  dispose  of  an}^  earth  from  any 
street  or  alley  for  his  private  gain  or  benefit,  shall  be  subject  to  a 
penalty  of  not  less  than  twenty-five  dollars,  and  not  exceeding  one 
hundred  dollars. 

§  12.  Whoever  shall  throw,  place  or  leave  any  ashes,  dirt, 
filth  or  other  rubbish  in  or  upon  any  street,  alley  or  sidewalk,  or 
shall  knowingly  suffer  or  permit  the  same  to  be  thrown,  placed  or 
left  m  or  upon  any  street,  alley  or  sidewalk  in  front  of  or  adjoining 
any  premises  owned  or  occupied  by  him,  under  his  control,  shafl 
be  subject  to  a  penalty  of  not  less  than  one  dollar,  and  not  exceed- 
ing one  hundred  dollars,  and  to  a  like  penalty  for  each  day  the 
same  may  remain  after  notice  to  remove  the  same  by  the  mayor, 
the  supervisor,  or  any  police  officer,  or  any  alderman. 

§  13.  Whoever  shall  throw,  place  or  leave  any  live  coals  or 
fire,  or  make  or  kindle  any  fire  upon  any  planked  street  crossing, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars,  and 
not  exceeding  one  hundred  dollars,  and  shall  likewise  be  liable 
for  all  damages  or  injury  caused  thereby  and  the  costs  of  repair- 
ing, which  may  be  recovered  with  the  penalty  or  in  a  separate 
suit  in  the  name  of  the  city. 

§  14.  ~No  person  shall  obstruct  or  incumber  any  street  or 
alley  with  merchandise,  fuel  or  other  articles  or  property  longer 
than  may  be  necessary  in  the  diligent  removal  of  the  same,  under 
a  penalty  of  not  less  than  one  dollar,  nor  more  than  ten  dollars, 
and  a  like  penalty  for  each  hour  the  same  shall  not  be  removed 
after  notice  to  remove  the  same  by  the  mayor,  the  supervisor, 
any  police  officer  or  any  alderman. 

§,15.  When  any  street  or  alley  may  be  obstructed  by  a 
press  of  teams,  wagons  or  animals,  the  mayor,  the  supervisor, 
any  police  officer  or  any  alderman  may  give  such  orders  and 
directions  as  may  be  deemed  necessary  for  abating  the  obstruc- 
tion ;  and  whoever  shall  not  obey  such  orders  and  directions  shall 
be  subject  to  a  penalty  of  not  less  than  three  dollars,  and  not  ex- 
ceeding one  hundred  dollars. 

§  16.  Whoever  shall  place  or  leave  or  cause  to  be  placed  or 
left  any  encroachment,  incumbrance  or  obstruction  in  or  upon 
any  street,  alley  or  sidewalk,  shall,  in  all  cases,  be  liable  to  the 
city  and  to  private  persons  for  all  damage  or  injury  arising  from 
such  encroachment,  incumbrance  or  obstruction. 

§  17.  No  fixtures,  building,  fence  or  other  erection  or  in- 
closure  extending  or  encroaching  upon  any  road,  street,  alley  or 
sidewalk,  contrary  to  ordinance,  shall  be  repaired  or  rebuilt, 
under  a  penalty  of  not  less  than  ten  dollars,  and  not  exceeding 
one  hundred  dollars. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE, 


D8 


§  18.  Whoever  shall  obstruct  any  street  crossing  by  un- 
necessarily stopping  thereon  with  any  team,  vehicle  or  animal,  so 
as  to  incommode  persons  crossing  the  same,  shall  be  subject  to  a 
penalty  of  not  less  than  one  dollar,  and  not  exceeding  ten  dollars. 

§  19.  No  person  or  persons  shall  feed  any  team,  horse  or 
horses,  or  other  animal  upon  the  public  square  in  said  city,  nor 
shall  stop  upon  the  same  with  teams,  wagons,  market-wagons,  car- 
riages or  otherwise,  for  the  purpose  of  marketing,  bargaining,  bar- 
tering, trafficking  in  or  hawking  any  wood,  coal,  hay,  straw,  fish, 
poultry,  produce,  goods,  wares  or  merchandise,  under  a  penalty  of 
not  less  than  three  dollars,  nor  more  than  one  hundred  dollars  fot 
each  offense. 

§  20.  Every  able-bodied  male  inhabitant  of  the  city  of  Dan- 
ville, above  the  age  of  twenty-one  years  and  under  the  age  of 
fifty  years  (excepting  paupers,  idiots,  lunatics  and  such  others  as 
are  exempt  by  law),  shall  be,  and  is  hereby  required  to  labor  upon 
the  streets  and  alleys  of  the  city  two  and  one-half  days  in  each 
year,  when  required  so  to  do  by  the  supervisor  of  the  ward  in 
which  he  resides. 

§  21.  The  supervisors  of  their  respective  wards  shall  at 
least  five  days  previous  to  the  day  designated  therein  for  him  to 
appear,  deliver,  or  cause  to  be  delivered  or  left  at  the  usual  place 
of  abode  or  business  of  the  person  so  required  to  labor  as  afore- 
said, a  written  or  printed,  or  partly  written  and  partly  printed 
notice,  in  which  it  shall  be  set  forth  the  number  of  days  he  is  re- 
quired to  labor  on  the  streets  and  alleys  of  the  said  city,  the  time 
and  place  to  attend  for  the  purpose  of  so  laboring,  and  the  tools 
he  shall  bring  with  him  to  do  the  same. 

§  22.  Every  person  who  shall  in  person  or  by  a  substitute 
equally  able,  appear  for  the  purpose  of  laboring  upon  the  streets 
and  alleys  of  the  city,  shall  work  at  least  eight  hours  each  day; 
and  if  any  person  shall  spend  the  time  in  idleness,  be  turbulent, 
or  disobey  the  supervisor,  he  shall  be  discharged  from  such  labor, 
and  the  balance  due,  with  fifty  per  cent,  advance  at  the  rate  of 
one  dollar  and  fifty  cents  per  da}'  for  such  balance,  shall  be  col- 
lected by  the  proper  supervisor,  who,  if  necessary,  may  bring 
suit  therefor  in  the  name  of  the  city,  provided  that  all  moneys  in 
anywise  collected  by  supervisors  for  such  labor  shall  be  disbursed 
within  their  respective  wards  on  streets  and  alleys. 

§  23.  In  lieu  of  such  services  the  supervisors  are  hereby 
authorized  to  take,  collect  and  receive  the  sum  of  three  dollars, 
and  in  case  any  person  shall  neglect  or  refuse  to  appear  and  per- 
form such  labor  as  required  by  the  notice  given  him  by  the 
supervisor  as  herein  required,  or  shall  fail  or  refuse  to  pay  the 
sum  authorized  to  be  taken  in  lieu  thereof  within  ten  days  next 
after  the  service  of  said  notice,  shall  be  subject  to  a  penalty  of 
five  dollars. 


OKD'INANCES  OF  THE  CITY  OF  D-ANVHJLE, 


CHAPTEE  XXVI. 

VEHICLES, 

Section,  Section. 

1 .  Drayftien  to  obtain  license  ?  penalty.  8. 

2.  Tax  for  license. 

3.  Merchants,  etc.,  deliver  goods,  etc.,  9, 

without  license. 

4.  Minor  or  non-resident  cannot  ob-  10. 

tain  license ;  bond  to  city  ;  ap- 
proved by  mayor";  bond  sued  on 
in  name  of  city.  11. 

5.  City  clerk  to  indorse  on  license 

number  of  dray  ;  number  paint-  12. 
ed  on  dray j  penalty. 

8.    Charges  for  dray  age. 

7.  Draymen  shall  not  act  in  riotous 
manner;  obstruct  streets  ;  pen- 
alty. 

§  1.  No  person  or  persons  shall  hire  out,  keep  or  use  for 
hire,  or  cause  to  be  kept  or  used  for  hire  for  the  carrying  or  con- 
veying of  persons,  or  any  article  or  thing  whatever,  within  the 
city  of  Danville,  any  hackney  coach,  cab,  coach,  omnibus,  dray, 
cart,  wagon  or  other  vehicle  or  vehicles,  carriage  or  carriages  of 
any  description  or  name  whatever,  without  a  license  so  to  do,  un- 
der a  penalty  of  not  less  than  three  dollars,  and  not  exceeding 
twenty  dollars  for  each  offense. 

§  2.  For  a  license  to  pursue  the  occupation  or  business  of 
carrying  goods  or  property  for  hire  upon  a  dray,  wagon  or  other 
like  vehicle  within  the  city,  there  shall  be  taxed  and  collected  six 
dollars  upon  each  for  six  months,  and  ten  dollars  for  each  year. 

§  3.  For  wagons  or  other  vehicles  kept  or  used  by  merchants, 
lumbermen  or  other  persons  for  the  delivery,  without  charge,  of 
articles  or  property  sold  by  them,  or  for  the  carrying  of  their  own 
property,  or  the  accommodation  of  their  own  business,  or  lor  the 
hauling  of  earth  or  building  material  without  charge,  or  for  haul- 
ing without  or  beyond  the  city,  or  by  hotel  keepers  for  the  deliv- 
ery, without  charge,  of  the  baggage  of  their  guests,  or  for  teams 
hired  by  the  day  or  week,  or  for  teams  loading  or  unloading  lum- 
ber from  the  cars,  no  license  shall  be  required. 

§  4.  No  wagon  or  dray  license  shall  be  issued  to  any  minor 
or  non-resident  ot  the  city.  Before  any  wagon  or  dray  license 
shall  be  issued  to  any  person  he  shall  execute  bond  to  the  city  in 
the  sum  of  one  hundred  dollars,  with  one  or  more  sureties,  to  be 
approved  b}~  the  mayor  or  mayor  pro  tern.,  conditioned  that  he 
will  promptly  deliver  all  property  intrusted  to  him  or  to  his  ser- 
vants to  be  carried,  and  pay  all  damages  caused  by  the  negligence 
of  himself  or  his  servants  in  the  carrying  of  any  property.  The 


Drayman  shall   not  unnecesarily 

flourish  whip,  etc. 
Draymen  refusing  to  carry;  pen' 

alty. 

Front  of  premises  not  to  be  used 
as  stopping  place  of  draymen  ; 
penalty. 

City  marshal  to  designate  stands 
for  drays,  etc.  ;  penalty. 

Licensed  persons  to  keep  certified; 
copy  of  sections  5  and  6,  subject 
to  inspection  ;  penalty  ;  false  co- 
py ;  penalty. 


ORDINANCES  OF  THE  CITY  OP  DANVILLE. 


97 


bond  may  be  sued  on  in  the  name  of  the  city  by  any  person  dam- 
aged by  a  breach  of  its  conditions. 

§  5.  The  city  clerk  shall  write  in  the  license  and  indorse 
thereon  the  number  or  other  designation  of  the  dray  or  other 
vehicle,  and  register  the  same;  and  the  person  licensed  shall 
cause  such  number  or  designation  to  be  at  all  times  conspicuously 
and  legibly  printed  or  affixed  to  the  outside  of  the  bed  or  shaft 
thereof,  under  a  penalty  of  one  dollar  for  each  day  such  dray  or 
other  vehicle  may  be  used  without  being  numbered  or  designated 
as  is  herein  required. 

§  6.  Any  drayman  or  other  person  licensed  may  charge  and 
receive  not  exceeding  fifteen  cents  for  each  load  carried  the  dis- 
tance of  two  blocks  or  less;  and  beyond  two  and  not  exceeding 
six  blocks,  twenty-five  cents;  and  beyond  six  and  within  the  city 
limits,  fifty  cents. 

§  7.  No  drayman  or  other  person  so  licensed,  or  hack  or 
omnibus  driver  shall,  at  any  road,  station  or  elsewhere,  conduct 
himself  in  a  riotous  or  disorderly  manner,  or  use  indecent,  pro- 
fane or  abusive  language,  or  otherwise  vex  or  annoy  any  traveler 
or  other  person,  or  obstruct  any  sidewalk,  street  or  alley  crossing, 
street  or  other  passage,  under  a  penalty  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars  in  each  case. 

§  8.  No  owner  or  driver  of  any  hackney  coach,  dray,  cart, 
wagon,  carriage  or  other  vehicle,  while  waiting  for  emploj^ment  at 
any  stand,  railroad  depot  or  other  public  place  in  said  city,  shall, 
unnecessarily,  snap  or  flourish  his  whip,  or  be  guilty  of  boister- 
ous or  loud  talking,  under  a  penalty  of  not  less  than  five  dollars, 
and  not  exceeding  one  hundred  dollars  for  each  offense. 

§  9.  No  drayman  or  other  person  so  licensed  under  the  pro- 
visions hereof,  shall,  when  requested,  unless  actually  employed  at 
the  time,  refuse  to  carry  any  article  or  load,  or  shall  charge  any 
greater  sum  than  is  herein  specified  for  the  carriage  of  an}-  load, 
under  a  penalty  of  three  dollars  in  each  case. 

§  10.  No  owner  or  driver  of  any  wagon,  dray  or  other 
vehicle  shall  make  a  permanent  stand  or  place  of  stopping  in 
front  of  any  premises,  without  the  consent  of  the  owner  or  occu- 
pant of  the  same,  under  a  penalty  of  three  dollars. 

§  11.  The  city  marshal  shall  designate  stands  for  licensed 
drays  or  other  vehicles,  or  for  omnibuses  or  carriages  belonging 
to  any  hotel,  upon  any  street  at  or  adjacent  to  the  railroad  depots 
or  stations  within  the  city,  while  waiting  for  the  arrival  or  de- 
parture of  passenger  trains;  and  any  person  who  shall  occupy 
any  other  stand  than  the  one  allotted  to  him,  while  any  passenger 
train  may  be  standing  at  any  depot  or  station,  shall  be  subject  to 
a  penalty  of  three  dollars. 

§  12.  Each  person  licensed  under  the  provisions  hereof, 
shall  at  all  times  keep  a  certified  copy  of  the  5th  and  6th  sections 
hereof,  and  shall  produce  the  same  for  the  inspection  of  any  per- 

(44) 


98 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


son  employing  him  who  shall  demand  the  same,  under  a  penally 
of  three  dollars;  and  if  any  such  person  shall  exhibit  or  produce 
to  any  person  employing  him  a  false  copy  thereof,  he  shall  be 
subject  to  a  penalty  of  ten  dollars. 


o 


CHAPTER  XXVII. 


WEIGHER. 


Section. 


Section. 


Weigher  to  be  appointed  annually. 

To  keep  a  book  and  issue  certifi- 
cates of  weight. 

Selling  without  weigher's  certifi- 
cate ;  penalty  ;  not  to  apply  to 
coal  dealers. 

Fees  for  weighing. 

Gross  weight  to  be  given  ;  contents 
of  load  to  be  ascertained  by 
weigher  ;  branding  of  vehicles  ; 
neglect  to  pay  ;  penalty. 


6.  Vehicles   branded  ;   certificate  of 

weight ;  good  for  one  year  ;  reg- 
ister of  certificates  ;  twenty-five 
cents  for  issuing  certificate. 

7.  Two  thousand  lbs.  a  ton  of  hay. 

8.  Alteration  of  certificate  ;  penalty  ; 

diligence  of  weigher. 


§  1.  There  shall  be  appointed  annually  by  the  mayor,  by 
and  with  the  advice  of  the  city  council,  one  or  more  city  weigh- 
ers, who  shall  hold  office  for  one  year  and  until  their  successors 
are  qualified. 

§  2.  The  city  weigher  shall  be  in  readiness  at  all  reasonable 
hours,  for  the  purpose  of  weighing  each  load,  parcel  or  thing  that 
may  be  brought  to  the  city  scales  to  be  weighed.  He  shall  keep 
a  suitable  book  in  which  he  shall  enter  the  kind  and  weight  of 
each  load,  parcel  or  thing  weighed,  and  for  whom,  and  the  date 
when  weighed,  and  m  case  of  hay  or  coal,  he  shall  give  a  cer- 
tificate thereof  to  the  person  applying  for  the  weighing  of  such 
hay  or  coal,  which  said  certificate  shall  be  given  to  the  purchaser 
on  sale  or  delivery  of  the  load. 

§  3.  No  person  shall  sell,  within  the  corporate  limits  of 
said  city,  any  load  of  hay,  corn,  oats  or  coal,  without  the  same 
shall  have  been  first  weighed  by  the  city  weigher,  and  a  certificate 
given  therefor,  under  a  penalty  of  five  dollars  in  each  case.  But 
this  section  shall  not  apply  to  coal  dealers  engaged  in  the  supply 
of  their  regular  customers,  where  such  customers  shall  assent  to 
the  delivery  of  such  coal  without  the  same  having  been  weighed. 


ORDINANCES  OP  THE  CITY  OF  DANVILLE. 


99 


§  4.  The  city  weigher  shall  receive  and  charge  fifteen  cents 
for  each  load  or  parcel  of  hay,  corn  or  oats  weighed  by  him,  and 
ten  cents  for  each  load  of  coal  so  weighed,  to  be  paid  by  the 
person  applying  therefor. 

§  5.  When  the  vehicle  and  load  shall  be  weighed  together, 
the  weigher's  certificate  shall  state  the  gross  weight  thereof,  and 
upon  the  sale  or  delivery  of  the  load,  the  vehicle,  poles  and  ropes, 
or  other  things  used  in  securing  the  load  to  the  vehicle,  shall  be 
weighed  and  the  net  weight  of  the  load  determined.  The  weigher 
shall  calculate  and  enter  upon  such  certificate  the  quantity  of 
bushels,  tons,  or  parts  thereof,  contained  in  the  load ;  but  if  the 
vehicle  shall  have  been  before  weighed  and  branded,  it  shall  not 
be  necessary  to  re-weigh  the  same  ;  and  for  the  weighing  of  each 
empty  vehicle,  the  weigher  shall  charge  and  receive  the  sum  of 
ten  cents.  Whoever  shall  neglect  or  fail  to  have  his  vehicle 
weighed,  after  sale  or  delivery  of  the  load  thereof,  shall  be  sub- 
ject to  a  penalty  of  five  dollars. 

§  6.  At  the  request  of  any  person  presenting  his  vehicle  at 
the  city  scales  for  weighing  and  branding,  the  city  weigher  shall 
weigh  the  same  and  place  upon  it  his  brand,  and  issue  his  certifi- 
cate of  the  weight  thereofj  which  brand  and  certificate  of  the 
weight  thereof  shall  dispense  with  the  weighing  of  such  vehicle 
when  empty  for  one  year  from  the  date  of  such  certificate.  The 
weigher  shall  keep  a  register  of  all  such  certificates  so  issued,  the 
date,  the  owner's  name  and  the  weight  of  the  vehicle,  and  shall 
receive  the  sum  of  twenty-five  cents  for  the  issuing  thereof. 

§  7.  A  ton  of  hay  shall  be  computed  at  two  thousand  pounds. 
The  quantity  of  all  other  articles  shall  be  estimated  in  accordance 
with  the  laws  of  this  State. 

§  8.  Whoever  shall  alter  any  certificate  of  any  city  weigher, 
or  shall  use  or  attempt  to  use  the  same  for  any  other  load  or  parcel 
than  the  one  for  which  it  was  issued  j  or  shall  after  the  weighing 
and  before  the  sale  or  delivery  of  any  load  or  parcel,  diminish  the 
quantity  thereof,  or  shall  practice  or  attempt  to  practice  any  other 
fraud  or  deceit  in  the  weight,  sale  or  delivering  of  any  load  or 
parcel,  shall  be  subject  to  a  penalty  of  not  less  than  ten  dollars, 
and  not  exceeding  one  hundred  dollars  in  each  case.  And  the 
city  weigher  shall  use  diligence  in  detecting  and  prosecuting  for 
violation  of  this  ordinance. 

Passed  and  approved  April  27,  a.  d.  1876. 

L.  T.  DICKASON,  Mayor. 
Attest :  A.  C.  Freeman,  City  Clerk. 


SPECIAL 

LAWS  AND  ORDINANCES. 


AN  ORDINANCE  IN  RELATION  TO  THE  DANVILLE  GAS  LIGHT  COxMPANY. 


Section 
1. 


Section. 


Exclusive  power  to   manufacture  4. 
gas,  coke,  tar;  power  to  sell; 
used  for  lighting  city,    public  5. 
houses,  streets,  &c. 
Power  to  erect  necessary  works, 
buildings,  &c.  ;  power  to  exca-  6. 
vate,  lay  pipes,  mains,  &c.,  in 
any  of  the  streets,  alleys,  &c.  ; 
repair,  remove,  &c,  pipes  and 
mains  ;  not  to  do  permanent  in-  7. 
jury  or  damage  to  streets,  &c. ; 
premises  to  be  restored  to  former 
condition. 
No  excavation  or  trench  to  be  left 
open  shall  exceed  fifteen  rods  in 
any  one  street  or  alley. 


Company  to  repair  street,  alley, 
&c,  to  its  former  condition. 

Excavation  or  ditch,  &c,  left  open 
over  night,  to  be  protected  by 
railing  and  lighted  lantern. 

Committee  on  streets  and  alleys  ; 
city  council  and  city  engineer  to 
direct  the  laying  of  pipes  and 
mains. 

Violation  of  ordinance  by  company, 
&c.  ;  penalty. 


§  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville, 
That  the  Danville  Gas  Light  Company,  their  successors,  associates 
and  assigns  are  bereb}7  authorized  and  empowered  with  full  power 
and  authority  exclusively  to  manufacture,  sell  and  dispose  of  gas, 
coke  and  tar  made  from  any  and  all  of  the  substances  from  which 
inflammable  gas,  coke  and. tar  can  be  obtained  and  be  used  for  the 
purpose  of  lighting  the  city  of  Danville  or  the  [streets]  thereof, 
and  public  places  or  houses  therein  contained  and  other  places  in 
the  vicinity,  and  to  erect  and  maintain  all  the  necessary  works 
and  apparatus  therefor. 

§  2.  That  said  Danville  Gas  Light  Company  are  hereby  em- 
powered and  authorized  to  build,  erect  and  maintain  structures, 
buildings  and  apparatus  necessary  or  incident  or  suitable  to  their 
convenience,  within  the  corporate  limits  of  the  city,  and  also  with  full 

(45) 


102 


and  exclusive  power  and  authority  to  excavate  and  dig  and  lay 
pipes,  mains  or  sub-mains  for  the  purpose  of  conducting  gas  in  any 
of  the  streets,  avenues,  alleys,  highways,  public  grounds,  sidewalks 
or  other  public  places  in  said  city  or  elsewhere,  with  full  power 
and  authority  to  maintain  the  said  pipes,  mains  and  sub-mains  in 
any  of  such  streets,  avenues,  alleys,  highwajs,  public  grounds, 
sidewalks  or  other  public  places  in  said  city  or  elsewhere,  and  to 
repair,  remove,  change  or  re-locate  such  pipes,  mains  or  sub-mains, 
and  to  do  the  digging  and  excavating  instant  [incident]  thereto  at 
such  times  and  in  such  manner  as  said  Danville  Gas  Light  Com- 
pany may  deem  proper.  Provided,  always,  that  said  Gas  Light 
Company  exercise  the  rights  and  powers  herein  granted  in  such 
manner  as  to  do  no  permanent  injury  or  damage  to  any  such 
streets,  avenues,  alleys,  highways,  public  grounds,  sidewalks  or 
other  public  places  in  said  city,  and  that  after  they  shall  have  dug 
or  excavated  therein,  and  laid,  altered,  changed,  repaired  or  re- 
located any  of  their  pipes,  mains  or  sub-mains  therein,  they  shall 
restore  the  premises  excavated  or  dug  to  its  former  condition 
without  delay. 

§  o?  That  the  said  Danville  Gas  Light  Company,  its  succes- 
sors or  assigns,  shall  not  allow  any  excavation,  ditch  or  trench 
more  than  fifteen  rods  in  length,  in  any  one  street  or  alley  in  the 
said  city  of  Danville,  at  any  one  time,  to  remain  open,  uncovered, 
or  in  any  manner  exposed. 

§  4.  That  whenever  the  said  Danville  Gas  Light  Company, 
its  successors  or  assigns,  shall  dig,  ditch,  trench  or  excavate  any 
street  or  alley  in  the  said  city  of  Danville,  for  the  purpose  of  lay- 
ing down  its  pipes,  mains  or  sub-mains,  or  for  any  purpose  what- 
ever, it  shall  be  the  duty  of  the  said  Danville  Gas  Light  Company,  its 
successors  or  assigns,  to  immediately  repair  such  street  or  alley, 
and  to  restore  and  replace  the  same  to  a  condition  equal  to  that  in 
which  the  same  previously  existed. 

§  5.  That  should  the  Danville  Gas  Light  Company,  its  suc- 
cessors or  assigns,  suffer  or  permit  any  ditch,  trench  or  excavation 
to  remain  open,  uncovered,  or  in  any  manner  exposed  during  the 
night,  the  same  shall  be  protected  by  a  substantial  railing  or  other 
fiarricade,  and  by  a  lighted  lantern  suspended  at  each  end  thereof, 
and  that  it  shall  be  unlawful  for  any  ditch,  trench  or  excavation 
across  or  over  any  sidewalk  in  the  said  city  of  Danville  to  remain 
open  or  in  any  manner  exposed  during  the  night  time. 

§  6.  That  the  manner  in  which  the  said  Danville  Gas  Light 
Company,  its  successors  and  assigns,  shall  lay  the  pipes,  mains 
and  sub-mains  across  any  of  the  sewers  or  ditches  or  alleys  of  the 
said  city  of  Danville,  shall  be  under  the  direction  of  the  commit- 
tee on  streets  and  alleys  of  the  city  council,  and  of  the  city  engi- 
neer of  the  said  city  of  Danville. 

§  7.  That  for  each  violation  of  the  provisions  of  this  ordi- 
nance by  the  said  Danville  Gas  Light  Company,  its  successors  or 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


103 


assigns,  or  by  its  agents,  workmen  or  employes,  the  said  Danville 
Gas  Light  Company ,  its  successors  or  assigns,  shall  be  liable  to 
and  shall  pay  a  penalty  of  not  less  than  five  dollars. 
Passed  and  approved  August  11,  1870. 


AN  ORDINANCE 

CONCERNING  THE  CHICAGO,  DANVILLE  &  VINCENNES  RAILWAY  COMPANY. 

Section.  Section. 

1.  Eight  of  way  on  Depot  street  to    3.    City  not  liable  to  property  holders. 

Chicago,  Danville  &  Vincennes  4.  Mayor  authorized  to  enter  into 
Railroad  Company.  contract  with  Chicago,  Danviile 

2.  Conditions  to  be  performed  ;  inter-  &  Vincennes  Railroad  Company. 

section  of  streets  planked  be- 
tween rails. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville,  Section 
1.  That  the  right  of  way  over,  across  and  upon  Depot  street  in 
said  city,  being  the  first  street  east  of  Jackson  street,  be  and  the 
same  is  hereby  granted  unto  the  Chicago,  Danville  &  Vincennes 
.Railroad  Company,  its  successors  and  assigns  forever,  together 
with  the  right  to  erect,  construct,  operate  and  forever  maintain  its 
main  and  side  tracks  thereon  throughout  the  entire  length  thereof 
from  Main  street  to  the  northern  terminus  of  said  street. 

§  2.  That  the  grant  hereinbefore  made  be  and  is  upon  the 
express  condition  that  the  said  Chicago,  Danville  &  Vincennes 
Eailroad  Company,  its  successors  and  assigns,  use  said  street  for 
the  purpose  aforesaid  so  as  not  to  interfere  with  the  passage  of 
teams  along  or  across  the  same,  and  that  they  keep  the  said  main 
and  side  tracks  planked  between  rails  at  the  intersection  of 
other  streets  and  alleys  with  said  Depot  street  the  full  width  of 
the  streets,  alleys  and  sidewalks  of  said  intersecting  streets,  so  as 
to  afford  safe  and  convenient  crossings  for  teams  and  pedestrians; 
and  also  upon  condition  that  said  railroad  company,  its  agents, 
successors  and  assigns  conforms  to  and  obeys  all  ordinances  of 
said  city  regulating  railroads  which  are  now  in  force  or  may  here- 
after be  passed. 

§  8.  That  the  city  of  Danville  shall  not,  by  reason  of  this 
grant,  become  liable  for  damages  to  person  or  persons  owning 
property  on  said  Depot  street,  by  reason  of  this  grant  or  the  using 
of  said  street,  by  the  Chicago,  Danville  &  Vincennes  Eailroad. 


104 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


§  4.  That  the  mayor  be  and  he  is  hereby  authorized  and 
required  to  enter  into  a  written  contract  in  the  name  of  the  said 
city  of  Danville  with  said  railroad  company,  binding  the  parties 
respectively  to  the  observance  of  the  terms  of  this  ordinance. 

Passed  and  approved  May  12,  1871. 


■o 


AN  ORDINANCE 


CONCERNING  THE  D.,  U.,  B.  &  P.  RAILROAD. 


Section. 


Section. 


1.  Permission  to  D.,  U.  B.  &  P.  Rail-  6. 

road  to  construct  main  track, 
etc.,  on  streets  and  alleys. 

2.  Bridges  built  and  grades  completed; 

bridges  to  support  moving  weight 
of  twenty. five  tons  ;  grade  raised 
not  to  exceed  five  feet.  7. 

3.  Obstruction  of  streets ;  company 

to  grade  at  its  own  expense ;  8. 
safe  crossings  to  be  maintained. 

4.  Water  courses,  etc.,  to  be  construct- 

ed and  maintained  at  company's 
expense;  not  to  injure  private  9. 
property. 

5.  Bridges  ;   crossing  of  streets  and  10. 

alleys  to  be  kept  in  repair  by 
company  ;  bridges  extended  and 
widened. 


Right,  of  way  granted  over  and 
upon  Davis  street,  etc.  ;  travel 
not  to  be  interfered  with  ;  streets 
and  alleys  to  be  kept  in  good 
condition;  Clay  street;  water 
courses. 

Oak  street,  etc.  ;  right  of  way  upon: 

conditions. 
Bond  of  D.,  U.,  B.  &  P.  Railroad 

Company  with  city ;  approved 

by   city   council  ;    take  effect, 

when. 

Company  to  conform  to  all  ordi- 
nances ;  rate  of  speed  ;  signals. 
Grade  ;  raise  of  one  foot  in  five. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Danville,  Section 
1.  That  permission  and  authority  is  hereby  given  to  the  Danville, 
Urbana,  Bloomington  &  Pekin  Railroad  Company  to  construct, 
erect,  grade  and  maintain  their  track  with  necessary  switches, 
turn-tables  and  side-tracks,  from  the  point  where  said  railroad 
crosses  the  North  Fork  of  the  Big  Vermilion  river,  to  the  point 
where  the  same  leaves  the  city  on  the  eastern  limits  of  the  same, 
across  the  following  streets  and  intermediate  alleys;  Mill  street, 
Seminary  street  and  allej^  north,  Grant  street  and  alley  east, 
Chandler  street  and  alley  east,  High  or  Kimber  street,  Harmon 
avenue,  William  street,  Gilbert  street,  Oak  street  and  alley  cast, 
and  the  street  running  parallel  with  the  T.,  W.  &  W.  Railway 
Company. 

§  2.  At  the  crossing  of  Mill  street  and  Seminary  street  the 
said  railroad  company  shall,  within  four  weeks  from  the  time 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


105 


they  commence  work  on  either  of  said  streets,  finish  and  complete 
the  grading  of  their  road  at  such  points,  and  put  up  good  and  sub- 
stantial bridges  of  wood  or  other  material,  of  the  width  of  six- 
teen feet,  to  be  capable  of  supporting  a  moving  weight  of 
twenty-five  tons,  and  also  build,  till  up,  repair  and  grade  the  said 
streets  so  that  there  shall  be  an  easy  grade  or  approach  from 
either  end  of  said  bridge,  and  to  carry  out  the  intentions  of  the 
city  and  said  company,  the  said  company  hereby  are  permitted  to 
raise  the  grade  ot  Mill  street  not  to  exceed  five  and  one-half  feet, 
and  Seminary  street  not  to  exceed  four  feet  above  the  level  of 
the  present  street  beds  at  the  points  crossed. 

§  3.  It  shall  be  the  duty  of  the  said  company  in  making  the 
grade  of  said  road  across  the  streets  aforesaid  to  do  so  with  all 
practicable  speed,  and  they  are  at  no  time  to  obstruct  the  streets 
of  the  city  in  the  inhabited  portions  of  the  city,  so  that  wagons, 
teams  or  foot  passengers  shall  be  obliged  to  travel  more  than  one 
square  to  pass  such  obstruction.  The  said  company  shall,  at  its 
own  expense,  grade  the  streets  over  which  their  track  crosses  in 
such  a  manner  that  wagons  and  teams  can  cross  their  tracks  by  an 
easy  grade  to  and  from  either  side  of  their  tracks,  and  shall  make 
and  at  all  times  maintain  good,  substantial  and  safe  crossings  for 
general  travel  for  wagons,  teams,  horses,  cattle  and  foot  pass- 
engers. 

§  4.  That  the  said  company  shall  at  all  times  maintain  and 
keep  up,  at  their  own  expense,  water  ways,  ditches,  culverts,  or 
other  means  of  conducting  water  along  or  across  their  said  track  suf- 
ficient to  discharge  or  carry  off  all  the  water  that  may  be  carried  to 
their  cuts  and  fills  by  the  streets  and  alleys  of  the  city,  and  to  so 
construct  their  embankments  and  cuts  that  such  water  may  be 
discharged  without  injury  or  damage  to  private  property  or  the 
streets  and  alleys  of  the  city.  It  being  one  of  the  conditions  of 
this  grant  by  the  city,  that  the  said  company  shall  at  all  times 
use,  alter,  maintain,  and  keep  up  at  their  own  expense,  such  water 
ways,  ditches,  culverts,  or  other  means  of  conducting  the  water 
that  ma}7  be  collected  along  their  track  by  their  ditches  or  em- 
bankments. 

§  5.  That  the  said  company  shall  at  all  times  at  their  own 
expense  keep  in  good  and  substantial  repair  the  bridges  erected 
and  built  by  them,  as  well  as  all  the  crossings  of  streets  and 
alle3Ts  at  this  time  laid  out  and  opened,  and  shall  repair  and  keep 
in  good  condition  the  grades  by  them  made  on  the  streets  and 
alleys  as  aforesaid,  and  that  whenever  so  required  by  the  city 
council,  shall  extend  and  widen  the  bridges  over  their  track  on 
Mill  and  Seminary  streets  so  that  the  said  bridges  and  grades 
thereto  shall  be  of  the  same  width  of  the  said  streets. 

§  6.  That  the  right  of  way  is  hereby  granted  to  the  D.,  XL, 
B.  &  P.  Railroad  Company,  over,  upon  and  along  Davis  street 
from  the  intersection  of  Oak  street  to  the  eastern  terminus  of 

(46) 


106 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Davis  street,  and  also  over,  upon  and  along  Clay  street  from  a 
point  twenty-two  rods  east  of  Hazel  to  the  eastern  terminus  of 
Clay  street,  with  the  right  to  construct,  maintain  and  use  tracks 
for  their  railroad  over,  upon  and  along  the  portions  of  said  streets 
above  described  forever,  on  condition  that  said  railroad  company 
shall  so  construct  their  track  as  not  to  interfere  with  the  travel 
on  said  streets,  except  by  the  passage  of  their  trains;  and  also  on 
the  further  condition  that  said  company  shall,  in  laying  their  said 
track  on  said  streets,  make  and  keep  such  streets  always  in  a 
good  and  substantial  condition  for  public  travel,  use  and  occupa- 
tion;  and  also  on  the  further  condition  that  all  streets  and  alleys 
now  laid  out,  intersecting  or  entering  the  portions  of  said  Davis 
and  Clay  streets  used  and  occupied  by  said  company,  shall  be  so 
graded  that  the  said  Clay  street  may  be  entered  and  approached 
by  an  easy  and  convenient  grade ;  and  also  on  the  further  condi- 
tion that  said  railroad  company  shall  make  and  maintain  the 
grade  of  the  portions  of  Clay  and  Davis  streets  the  same  with 
the  grade  of  said  road,  which  said  grade  is  hereby  established  as 
the  grade  of  such  portions  of  said  streets ;  and  also  shall,  at  their 
own  expense,  build,  erect,  maintain,  and  keep  in  repair  the  neces- 
sary ditches,  water  wa}Ts,  culverts,  or  other  means  of  conducting 
water  along  or  across  their  said  track  sufficient  to  discharge  or 
carry  off  all  the  water  that  may  be  brought  to  their  cuts  and  fills 
on  said  streets  by  the  streets  and  alleys  of  the  city;  and  so  con- 
struct their  embankments  and  cuts  that  such  water  may  be  dis- 
charged without  injury  or  damage  to  private  property  or  the 
streets  and  alleys  of  the  city. 

§  7.  That  said  railroad  company  in  constructing  their  said 
road  to  Clay,  have  street  permission  and  authority  to  construct, 
erect,  grade  and  maintain  their  tracks,  with  necessary  switches, 
turn-tables  and  side  tracks  over  and  across  Oak  street  and  alley 
east;  William  street,  Franklin  street  and  alley  east;  Walnut 
street  and  alley  east;  Vermilion  street  and  alley  east;  and  Hazel 
street  and  alley  east;  and  the  streets  and  alleys  east  thereof,  upon 
the  same  conditions  on  which  the  said  right  is  granted  over  and 
across  the  streets  and  alleys  west  of  Oak  street. 

§  8.  This  ordinance  shall  not  take  effect  until  the  said  rail- 
road company  shall  have  entered  into  a  bond  with  the  city  of 
Danuille,  to  be  filed  with  the  city  clerk  and  approved  by  the  city 
council  of  said  city,  conditioned  for  the  payment  of  any  and  all 
costs,  expenses,  tees,  charges  and  damages  for  which  the  said  cit}r 
of  Danville  may  become  or  be  held  liable  to  any  person  or  persons 
by  reason  of  any  act  of  said  railroad  company  in  laying  down 
said  track  or  tracks,  or  building  such  bridges  or  grading  the 
streets  and  alleys  of  the  city,  and  also  for  pertorming  the  require- 
ments of  this  ordinance;  and  this  ordinance  shall  not  take  effect 
until  the  said  company  shall  have  obtained  the  right  of  entry 
upon  the  premises  of  private  parties  adjacent  to  such  streets  as 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


107 


are  hereby  allowed  to  be  used  by  said  company,  either  by  agree- 
ment with  such  private  parties,  or  by  process  of  condemnation 
under  the  statutes. 

§  9.  That  the  said  company  shall  at  all  times  be  liable  tof 
and  conform  to,  all  ordinances  of  said  city,  in  regard  to  the  rate 
of  speed  of  moving  trains,  and  as  to  signals  on  crossing  streets 
or  other  points,  and  to  all  ordinances  in  relation  to  railroads  now 
or  hereafter  to  be  in  force 

§  10.    That  wherever  the  said  railroad  company  shall  have 
occasion  to  grade  any  of  the  streets  and  alleys  of  the  city,  the 
grade  shall  not  be  steeper  than  a  raise  of  one  foot  in  five. 
Passed  and  approved  April  20,  1869. 


o 


AN  ORDINANCE 

IN  RELATION  TO  THE  GRAPE  CREEK  RAILROAD. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville,  That 
the  Grape  Creek  Railroad  Company,  its  lessees,  successors  and  as- 
signs, are  hereby  authorized  and  permitted  to  construct, 
operate  and  maintain  a  single  or  double  railroad  track  in,  upon, 
and  along  the  west  side  of  Buchanan  street  in  said  city,  and  also 
across  such  streets  and  alleys  as  the  line  of  said  railroad  crosses 
between  the  southern  limits  of  said  city  and  the  railroad  cross- 
ings in  said  city  known  as  Danville  Junction,  according  as  said 
Grape  Creek  Railroad  has  been  surveyed  and  located  j  however, 
upon  the  following  terms,  conditions,  limitations  and  restrictions, 
and  none  others,  that  is  to  say  : 

1st.  Said  Grape  Creek  Railroad  shall  pay  all  damage  incur- 
ed  by  any  property  holder  on  account  of  the  construction  or  use 
of  their  said  railroad  in  or  along  said  Buchanan  street,  or  on  ac- 
count of  the  crossing  of  any  streets  and  alleys  of  said  city,  and 
save  and  keep  said  city  harmless  from  all  loss,  damage,  suits  or 
outlay  of  money  or  costs  on  account  of  or  by  reason  of  the  con- 
struction or  use  of  the  said  railroad  in,  along  or  upon  said  Bu- 
chanan street,  or  across  the  aforesaid  streets  or  alleys. 

2d.  Said  Grape  Creek  Railroad  Company  shall  immediately 
grade  and  fill  said  Buchanan  street  the  tu  1  width  of  said  street 
and  up  to  the  level  of  the  grade  of  said  railroad  track,  and  said 
railroad  company,  its  lessees,  successors  and  assigns  shall  at  all  times 
hereafter  repair,  keep  and  maintain  the  grade  of  said  street  in  its 
full  width  up  to  the  level  or  grade  of  said  railroad  track  as  now 


108 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


established,  or  as  the  same  may  be  at  any  future  time  altered  or 
changed,  to  the  end  that  teams,  vehicles  of  all  descriptions  and 
footmen  may  have  the  free  use  of  the  east  side  of  said  street  for 
passage  or  travel. 

3d.  Said  Grape  Creek  Kail  road  Company,  its  lessees,  suc- 
cessors or  assigns,  shall  at  all  times  conform  to,  comply  with, 
and  abide  by  all  ordinances  now  in  force,  or  that  may  be  here- 
after enacted  by  the  city  authorities  for  the  government  of  rail- 
roads within  said  city,  and  also  comply  with  any  requirement 
which  said  city  council  may  hereafter  enact,  under  or  by  virtue 
of  any  power  conferred  on  the  city  council  by  its  special  charters, 
or  by  the  general  laws  of  the  state  now  in  force  or  hereafter 
passed  with  respect  to  said  Crape  Creek  railroad  in  particular,  or 
for  the  government  of  the  railroads  within  the  city  generally. 

4th.  Said  Crape  Creek  Railroad,  its  lessees,  successors  and 
assigns,  shall  permit  the  Danville  &  Mattoon  Railroad  Company, 
the  so  called  Charleston  &  Danville  Railroad  Company,  or  the  Dan- 
ville, Tuscola  &  Western  Railroad  Company,  or  the  lessees,  success- 
ors or  assigns  of  any  or  either  of  the  said  railroad  companies,  to 
jointly  use  and  operate,  and  run  their  trains  upon  the  track  or  tracks 
of  the  said  Crape  Creek  railroad  within  the  corporate  limits  of  Dan- 
ville, upon  such  terms  as  may  be  equitable,  and,  in  case  of  disagree- 
ment, the  compensation  and  terms  of  such  use  of  such  track  or  tracks 
within  the  city  aforesaid  shall  be  fixed  by  a  commission  of  three 
arbitators,  one  to  be  chosen  by  said  Crape  Creek  Railroad  Com- 
pany, one  to  be  chosen  by  the  railroad  company  or  companies 
that  may  desire  to  so  jointly  use  such  track  or  tracks,  which  two 
commissioners  so  chosen  shall  select  a  third  man  as  commissioner 
or  arbitrator,  and  after  hearing  both  sides,  or  giving  each  com- 
pany the  opportunity  to  be  heard,  said  commissioners,  or  a 
majority  of  them,  shall  make  their  decision  in  writing,  giving  to 
each  party  in  interest  a  copy  of  such  decision,  which  shall  be 
final. 

5th.  That  in  the  event  that  said  railroad  company,  its  les- 
sees, successors  or  assigns,  shall  fail,  neglect  or  refuse  to  com- 
ply with  any  or  either  of  the  terms  or  conditions  above  set  forth, 
or  any  part  thereof,  the  city  council  of  the  city  of  Danville 
hereby  reserves  the  right,  and  may  without  notice  to  any  or 
either  of  said  companies  or  corporation,  person  or  persons, 
operating  said  railroad  track  or  tracks,  revoke  or  repeal  this 
ordinance  so  far  as  the  same  grants  permission  to  use  Buchanan 
street  for  said  track  or  tracks  as  aforesaid,  or  to  cross  said  streets 
and  alleys  with  said  track  or  tracks  as  aforesaid,  and  to  require 
said  track  or  tracks  to  be  taken  up  and  removed  from  said  Bu- 
chanan street,  and  from  across  said  streets  and  alIe3'S.  This 
ordinance  to  be  in  full  force  and  effect  from  and  after  its  due 
publication.    Passed  and  approved  March  4th,  A.  D.  1875. 

Attest:  A.  C.  Freeman,  City  Clerk.         T.  H.  MYERS,  Mayor. 


GENERAL 

INDEX  TO  ORDINANCES. 


THE  FIRST  COLUMN  OF  FIGURES  REFERS  TO  THE  PAGE — THE  SECOND  TO  THE  SECTION. 


ACCOUNTS —  p  sec 

how  presented  ,   7  1 

to  be  certified  or  sworn  to   7  1 

ADDITIONS— 

how  made   8  1 

must  conform  to  regular  bl'ks__  8  1 
streets  and  alleys   of  to  cor- 
respond, etc   8  1 

violations — penalty   8  1 

ANIMALS— 

horses,  jacks,  etc.,  at  large  a 

nuisance   9  1 

violations — penalty   9  2 

cattle  at  large  a  nuisance-   9  3 

violations — penalty   9  4 

cow  at  large  a  nuisance,  time__  9  5 

violations — penalty   10  6 

hog,  pig,  etc.,  at  large  a  nui- 
sance  10  7 

violations — penalty   10  8 

sheep,  goat,  geese  at  large  a 

nuisance   10  9 

violations — penalty   10  10 

pounds  provided   10  11 

pound  keepers   10  12 

police  to  impound   10  12 

neglect  of  duty  by  police   10  12 

citizens  to  impound   10  13 

(47) 


p  sec 

duty  of  pound  keepers               11  14 

summons  to  owner  of  11  15 

duty  of  police  magistrate  11  15 

sale  of,  when                             11  15 

redemption  by  owners  of  12  16 

breaking  pounds                       12  17 

obstructing  persons  impound- 
ing                                  12  18 

fees  of  officers                          12  19 

pound  keepers  to  report  month- 
ly                                    12  20 

report  to  magistrate    on  im- 
pounding i.  13  21 

magistrate  to  issue  summons-..  13  21 

return  of  summons,  time            13  21 

judgment                                  13  21 

fees  of  magistrate                     13  22 

order  of  sale  of                        13  23 

copies  of  notices  filed                13  23 

AUCTIONS — 

sale  of  goods,  etc.,  by  licen- 
sed auctioneers                    14  1 

amount  to  be  paid  forlicense__  14  1 

bond  to  be  given,  time  14  1 

application  for  license;  how  made  14  2 
license  not    transferable  nor 

place  of  business  changed __  14  2 


110 


GENERAL  INDEX  TO  ORDINANCES. 


duties  on  sales  ;  to  whom  and 

when  paid  

auctioneer  to  render  accounts 


articles  exempt  

fees  and  duties  of  city  clerk, 
sales  in  streets,  etc  


amount  to  be  paid  for  license.. 

harboring  minors  

sale  of  intoxicating  liquors 

penalty  

disorderly  conduct  

CEMETERY — 

dead  not  buried  in  old  

penalty  

destroying  property  of.  &c  

DOGS — 

tax  on  

owner  to  collar  

a  nuisance,  when  

marshal  to  impound,  &c  

owner  may  reclaim  

fees  of  marshal,  &c  

fees  of  clerk  


muzzled,  when  

destroyed,  when  

bitch  in  heat,  etc  

fierce  and  dangerous  dogs  

ELECTIONS — 

to  be  held  in  each  ward  

time  of  

notice  of  

special  .  

judges  and  clerks  of,  how  ap- 


marshal  to  serve  notice.. 

vacancies,  how  filled  

oath  of  judges  and  clerks. 


city  clerk  to  provide  poll  books 
and  blanks  

hour  of  opening  and  closing 
polls  

judges  to  make  proclamation, 
when  


p 

sec 

1  A 

14 

3 

14 

4 

14 

4 

14 

15 

! 

15 

6 

1*5 

7 

15 

8 

YS,  &c. 

16 

i 

16 

I 

16 

2 

16 

o 

16 

16 

3 

16 

i 

17 

J 

17 

2 

17 

, 

17 

2 

18 

3 

18 

4 

18 

5 

18 

6 

18 

7 

18 

8 

18 

9 

18 

10 

19 

11 

19 

11 

19 

12 

19 

13 

20 

1 

20 

1 

20 

1 

20 

1 

20 

2 

20 

2 

21 

2 

21 

3 

21 

4 

21 

5 

21 

6 

21 

7 

21 

8 

22 

9 

ballot  box  to  be  examined,  when 

clerk  of  to  keep  poll  list  

name  of  voter  entered  on  poll 

list  

manner  of  voting  

ballot,  how  printed  

names  of  candidates  on  ballot. 

manner  of  depositing  ballot  

duty  of  judges  receiving  ballot 

no  adjourument  of  — 

canvass  of  votes  

ballot  not  counted,  when  

ballots  to  be  strung  

ballots  delivered  to  city  clerk. 

ballots  to  be  preserved  

returns,  how  made  

form  of  return  

returns  delivered  to  clerk,  when 

fees  of  judges  and  clerks  

challengers  

qualification  of  voters  

residence  defined  

affidavit  of  qualification  

affidavit  of  witness  

oath,  by  whom  ad  ministered  __ 

convict  disqualified  

city  clerk  to  notify  mayor  when 

when  returns  are  all  in  

meeting  of  city  council  to  be 
called  ».vhen  returns  are 

received  

city  council  to  canvass  returns 

and  declare  result  _ 

tie  vote,  how  determined  

duty  of  city  clerk  to  notify  per- 
sons elected  

persons  elected  qualify  in  ten 

days  

order  to  be  preserved  at  polls. 

dram  shops  to  be  closed  

FIRE  DEPARTMENT— 

members  of,  who  

council  to  provide  necessary 

apparatus  for  

repairs  of  apparatus  

mayor  to  exercise  supervision 

over  

mayor  to  report  quarterly  con- 
cerning  

mayor  to  examine  companies.. 

duty  of  chief  engineer  

bystanders  to  obey  orders  

police  officers  to  attend  fires. _ 

supervisors  to  attend  fires  

violations  of  duty;  penalty..  _ 
organization  of  fire  companies 


p 

sec 

22 

10 

22 

11 

22 

11 

22 

12 

22 

12 

22 

13 

22 

14 

22 

14 

22 

15 

22 

16 

23 

17 

23 

18 

23 

18 

23 

18 

23 

19 

23 

19 

23 

20 

24 

21 

24 

22 

24 

23 

24 

24 

24 

25 

25 

26 

25 

27 

25 

28 

25 

29 

25 

29 

25 

29 

25 

30 

26 

31 

26 

31 

26 

32 

26 

33 

27 

1 

27 

2 

27 

2 

28 

3 

28 

28 

3 

28 

28 

4 

28 

4 

28 

5 

28 

5 

28 

6 

GENERAL  INDEX 


TO  ORDINANCES. 


Ill 


p  sec 

number  of    members  of  fire 

company  28  6 

companies  to  take  charge  of 

apparatus                          28  6 

apparatus  to  be  kept  ready  for 

use                                  28  6 

duty  of  firemen  upon  alarm  __  28  7 
fire  not  to  be  left  without  or- 
ders 29  7 

apparatus  not  be  used  for  pri- 
vate purposes  29  8 

penalty  for  removing  or  allow- 
ing to  be  removed  fire  ap- 
paratus                            29  8 

members  of  fire  company  ex- 
empt from  labor,  &c.          29  9 

names  of  firemen  to  be  report- 
ed to  mayor  29  9 

clerk  to  keep  register  of  fire- 
men                              29  9 

exemption   certificate  29  9 

buildings  torn  down  to  check 

fire  29  10 

bystanders  to  aid  firemen  29  11 

hindering,  etc.,  firemen  29  12 

disorderly  conduct  at  fires  29  12 

thieves  at  fires  to  be  arrested.  30  12 
disorderly  persons  to  be  com- 
mitted for  examination  30  13 

limits  prescribed  at  fires   30  13 

guards  appointed  at  fires           30  14 

injuring  fire  apparatus               30  14 

stove  pipes,  how  put  up  30  15 

stoves,  how  put  up                    30  16 

chimneys,  how  built  31  16 

violations;  penalty                     31  16 

lighted  candle  or  lamp  31  17 

combustable  materials  not  to 

be  allowed  to  accumulate.  31  18 

stoves  in  shops,  how  placed  31  18 

candles  in  shops                       31  18 

lights  and  fires  not  to  be  left  in 

shops                                31  18 

fires  to  be  secured  in  transfer- 
ring 31  19 

ashes  to  be  placed  in  fire  proof 

vessel                              32  20 

ashes  in  wooden  vessel  to  be 

wet                                  32  20 

shavings  and  trash  to  be  burnt, 

where  and  when                32  21 

bonfires                                   32  21 

boiling  pitch                             32  22 

fires  in  buildings                       32  23 

outdoor  fires                             32  23 

burning  out  chimneys                32  24 


p  sec 

scattering  shavings,  etc             32  25 

spittoons                                  33  26 

fire  wardens                              33  27 


power  of  wardens  and  engin- 
eers to  examine  buildings.  33  27 
duty  of  wardens  to  prosecute..  33  27 
dangerous  buildings  to  be  abat- 


ed                                 33  27 

FIRE  LIMITS  — 

boundaries  33  1 

wooden  buildings,  not  be  built 

in                                     34  2 

buildings,  how  constructed  in.  34  '2 

planing  mills,  &c.  in.  34  3 

wooden  buildings  not  be  moved 

within                                34  4 

wooden  buildings  within  not 

to  be  repaired,  when            34  4 

extent  of  damage  to  building 

within,  how  ascertained __  35  5 
violations  of  ordinance,  punish- 
ment                               35  6 

HEALTH  DEPARTMENT— 
duty  of  mayor  in  cases  of  infec- 
tion  36  1 

duty  of  police                           36  2 

inmates  of  infected  premises  ; 

duty  of;  penalty  37  3 

mayor  to  enforce  ordinance  37  4 

food  and  medicine  provided  37  4 

nurses  in  attendance  employed  37  5 
LICENSES  IN  GENERAL — 

application  to  mayor  for             38  1 

applications,  how  made,  and 

contents  of  38  2 

time  of                                   38  3 

licenses  signed  and  countersign- 
ed                                   38  3 

date  of  license                         38  3 

licenses  subject  to  ordinances- _  38  4 

revocation  of                           38  4 

not  assignable  39  5 

register  of  39  6 

duty  of  city  clerk                     39  6 

fees  of  city  clerk                       39  6 

form  of  license                          39  7 

duty  of  marshal  '.  39  8 

LIQUORS — 

license  to  sell  required               40  1 

applications  for  license  to  sell 

to  be  in  writing                  41  2 

amount  to  be  paid  for  license  to 

sell                                   41  2 

license  not  to  be  granted  to  non- 
resident or  minor                 41  2 

bonds  required                          41  3 


112 


GENERAL  INDEX  TO  ORDINANCES. 


p  sec 

applications  for  license  to  be 

made  to  mayor  41  4 

application  for  license  to  con- 
tain, what                          41  4 

duty  of  mayor  on  receipt  of 

application  for  license  41  5 

license  to  sell,  when  granted __  42  6 
license  to  be  granted  only  to 

party  making  application _  42  7 

dram  shop  to  be  closed  Sunday  42  8 

duty  of  marshal  and  police  43  9 

license  may  be  revoked,  when.  48  10 

dram  shop  to  be  closed  10  p  m__  43  11 

disorderly  house  43  12 

drunkenness  and  gaming  for- 
bidden                              43  13 

officers  to  report  convictions, _  43  14 
parties  in  arrears  for  fines  not 

to  receive  license  44  15 

employing  or  harboring  minors 

forbidden  44  16 

liquor  not  to  be  sold  or  given  to 

habitual  drunkard  44  17 

license  to  sell  not  assignable..  45  18 

one  place  of  business  45  18 

license  and  ordinance  to  be  pos- 
ted                                   45  19 

permits  to  druggists                  45  20 

druggists  to  apply  for  permits.  45  21 

druggist  to  keep  register          45  22 

false  statement  to  druggist          46  23 

mayor  to  present  application 

for  permit                          46  24 

permit,  how  signed                   46  24 

subterfuges                             46  25 

MISDEMEANORS — 

unlawful  assembly,  penalty         47  1 

assault,  penalty                        48  2 

disturbance  or  profane  language  48  3 
allowing  unlawful  assemblage 

on  premises  48  4 

disturbance  at  night  48  5 

carrying  weapons  ...  48  5 

abetting  unlawful  act  48  6 

disturbing  religious  assembly.  48  7 

disturbance  on  Sabbath             48  8 

false  alarm  48  9 

intoxication                              49  10 

public  indecency  49  11 

indecent  book                          49  12 

indecent  writing  or  marking. _  49  13 

indecent  exhibition  of  animals  49  14 

gaming  and  lottery                   49  15 

gaminghouse                           49  16 

baudy  house                             49  17 

vagrancy  49  18 


p  sec 

billiard  rooms,  etc.,  open  on 

Sunday                              50  19 

play  or  amusement  on  Sunday  50  20 
place  of  business  open  on  Sun- 
day                                 50  21 

cruelty  to  animals  50  22 

destruction  to  property             50  28 

injuring  street  lamps,  etc  51  24 

lighting  and  extinguishingsame  51  25 

lamp  post                                51  26 

gas  fixtures  51  27 

hitching  to  trees,  etc                  51  28 

injuring  trees,  etc  51  28 

trespassing                               51  28 

sticking  bills  51  29 

rapid  driving  51  30 

loose  team  51  81 

vehicles  passing  each  other        52  32 

discharging  fire  arms,  etc           52  33 

selling  poison                           52  34 

open  cellar  doors,  etc                52  35 

excavations                               53  36 

unwholesome  provisions             53  37 

false  measures  and  weights        53  38 

disturbance  in  night  time  by 

boys                                 53  39 

hoops,  kites,  etc                        53  40 

rubber  slings                       __  54  41 

throwing  stones  or  missiles  or 

climbing  trees                   54  42 

disturbance  generally  by  boys_  54  43 

trespassing  by  boys                   54  43 

idling  around  depot                   54  44 

disturbing  railroad  officers,  em- 
ployes or  travelei-s               55  45 

jumping  on  cars  in  motion          55  46 


hackmen  and  runners  at  trains  55  47 

signs  indicating  sales  of  liquor  55  48 

drinking  in  public  a  nuisance.  56  49 
NUISANCES — 


nuisances  defined   57  1 

hog  pen   58  2 

nauseous  liquid   58  3 

nauseous  substance  within  half 

a  mile   58  4 

dead  animals.   58  5 

removing  dead  animals   59  6 

notice  to  abate   59  7 

duty  of  officers   59  7 

stagnant  water   59  8 

premises  a  nuisance,  to  be  re- 
ported  59  9 

mayor  to  appoint  committee..  60  9 

power  of  council   60  10 

copy  of  ordinance  to  owner   60  11 

notice  to  non-resident  owner. _  60  11 


GENERAL  INDEX  TO  ORDINANCES. 


113 


p  sec 

unknown  owner  60  11 

failure  of  owner                      60  12 

duty  of  mayor  60  12 

costs  of  abating  61  13 

dilapidated  or  dangerous  build- 
ing 61  14 

buildings  to  be  referred  to  com- 

mittee  61  15 

council  may  pass  ordinance  61  15 

duty  of  mayor  after  passage  of 

ordinance  61  16 

marshal  to  serve  notice  61  16 

notice  of  publication  62  16 

duty  of  marshal  62  17 

costs                                        62  17 

refusal  to  abate  62  18 

building  in  danger  of  falling..  62  19 

commissioners  to  examine          62  20 

duty  of  mayor                         63  20 

scaffolds  ...  63  21 

slaughter  house,  etc.  prohibit- 
ed without  permit              63  22 

permit,  how  obtained                63  23 

OFFICERS — 

city  council  65  1 

city  officers  65  1 

official  oath  66  2 

bonds  of  66  3 

as  sureties,  not  allowed  66  4 

attorney  to  draw  bonds,  etc  66  4 

council  may  require  new  bonds 

of  66  4 

commission  of                        67  5 

shall  turn  over  books,  etc.  to 

successor  67  5 

collections  by,  paid  into  treasury  67  6 

collections  to  be  reported  by__  67  6 

salaries  of  67  7 

book  of,  open  for  inspection  67  8 

furnish  information                   67  8 

absence  or  incompetency  of  67  9 

vacancy  occasioned  by  absence  68  10 

liable  for  negligence  .68  11 

substitute  appointed,  when  68  11 

duties  of  city  engineer  68  12 

engineer  to  keep  record  68  13 

engineer  to  make  surveys  69  14 

engineer  to  fix  boundaries  and 

certify                              69  151 

city  clerk  to  return  plats,  etc. 

to  engineer  69  16 

duty  of  city  supt  of  streets  69  17 

supt.  to  enforce  ordinances  69  18 

supt.  to  have  custody  of  tools.  69  19 

streets,  etc.  to  be  put  in  repair  ] 

by  supt                            69  20 

(48) 


i                                                p  sec 

supt.  to  keep  accounts                70  21 

\     supt.  to  furnish  tools,  etc           70  21 

\     supt.  to  report  to  clerk              70  21 

t     supt.  to  report  to  council           70  21 

duties  of  ward  supervisors          70  22 

[     supervisors  to  collect  poll  tax.  70  23 

reports  of  supervisors                70  23 

>  special  repairs  by  supervisors.  70  24 

>  city  supt.  to  certify  reports        70  25 

supt.  and  supervisors  to  present 

i           sworn  bill                         70  26 

I  repairs,  etc.  to  be  under  diree- 
i  tion  of  committee  on  streets 

and  alleys                          71  27 

duty  of  fire  warden                    71  28 

I     right  of  warden  to  enter  build- 
ings                               71  29 

i     warden  to  enforce  ordinances.  71  30 

warden  to  report                       71  31 

fees  and  salaries  of                   71  32 

ORDINANCES— 

repeal                                     72  1 

conflict  of  72  2 

different  provisions                    72  2 

the  word  "court"  in,  defined.  73  3 
repeal  of  repealing,  no  revivor  73  4 
singular  number,  gender,  etc.  73  5 
the  word  "month"  in,  constru- 
ed                                   73  6 

power  of  acting  mayor  under.  73  7 

power  of  police  under                73  7 

rules  of  construction  of              73  8 

to  be  liberally  construed  73  8 

enforcement  of  penalty  after 

repeal  of  73  9 

choice  of  prosecutor  under,  diff- 
erent                              74  10 

the  words  "  reasonable  time  " 
and  "reasonable  notice" 

defined  in                          74  11 

duty  of  clerk  on  passage  of  74  12 

to  be  enrolled                            74  12 

publication  of                           74  12 

verification  of                           74  12 

originals  filed  and  preserved..  74  13 

corrections  of  errors  in  '_  74  13 

when  in  iorce                            74  14 

old  to  remain  in  force                74  15 

PEDDLERS— 

license  of                                 75  1 

definitions  of  75  2 

license,  amount  of                    75  3 

articles  exempt  from  license..  75  3 

not  to  enter  private  dwellings.  75  4 
POLICE  DEPARTMENT— 

of  whom  composed                   76  1 


114 


GENERAL  INDEX  TO  ORDINANCES. 


p  sec 

police,  how  appointed  77  2 

duties  and  liabilities  of  police.  77  2 

watchmen,  appointment  of  77  3 

powers,  duties  and  liabilities  of 

watchmen   77  3 

police  and  watchmen  to  take 

oath  and  give  bond   77  4 

fees  and  salaries  of  watchmen 

and  police   77 

mayor  to  exercise  supervision 

over   77  o 

marshal,  chief  of  police  77  6 

stations  of  police  77  6 

police  to  aid  each  other  77  6 

members  of  to  enforce  ordin- 
ances  77  7 

arrest  without  warrant,  when_  78  7 
committal  over  night  and  Sun- 
day 78 

policemen  not  to  enter  dram 

shop.__   78 

power  of  officers  to  enter  sus- 
pected places   78 

powers  of  police   78  10 

supervisors  may  arrest,  when_  78  11 
persons  intoxicated,  to  be  con- 
fined  78  12 

falsely  claiming  to  be  an  officer  79  13 

resisting  an  officer,  etc  79  14 

attempting  to  rescue,  etc   79  15 

furnishing   prisoners  with  li- 
quors.   79  15 

escaped  prisoners  re-arrested.  79  16 

aid  to  officers   79  17 

neglect  of  duty  by  officers  79  18 

temporary  policemen  and  night 

watch  80  19 

suits  for  fines  and  penalties,  be- 
fore whom  brought   80  20 

statement    filed    before  com- 
mencement of  suit   80  21 

form  of  statement   80  21 

warrants,  when  issued   80  22 

arrest  without  process   80  23 

bail   81  24 

officers  to  attend  as  witnesses 

and  procure  evidence  81  25 

witnesses'  and  jurors  fees  81  26 

city  not  liable  for  costs  81  26 

malicious  prosecution  81  27 

complainant  to  pay  costs  81  27 

prisoner  compelled  to  labor  81  28 

supervisors  to  receive  and  re- 
ceipt for  prisoners   82  28 

prisoner  refusing  to  labor  and 

escape  of   82  29 


discharge  of  prisoners  

supervisors  to  furnish  prisoners 
with  food  when  at  labor __ 
report  of  officers  having  prison- 
ers in  charge  

fines  and  other  moneys  to  be 

paid  into  the  treasury  

police   magistrate    to  report 

quarterly  

power  of  council  to  designate 
justice  before  whom  suit 

is  brought  

POWDER — 

quantity  to  be  kept  

where  stored  

RAILROADS — 

rate  of  speed  on  

street  crossings  

flagmen;  violations  of  ordinance 

relating  to  

SEAL— 

description  of  

affixed  to  commissions  

affixed  to  official  documents,  .  . 
affixed  to  official  acts  of  mayor 
records  and  papers  to  be  certi- 
fied under  

not  binding  upon  the  city,  when 
SHOWS — 

license  required  of  

exempt  from  license  

amounts  of  license  required  from 
minor,  not  otherwise  provided 

for  

manager  to  keep  order  

disorderly  conduct  at,  penalty, 
disorderly    person  connected 

with  

license  of,  revoked  when  

violations  of  ordinances  in  rela- 
tion to,  penalty  

SIDEWALKS— 

constructed  to  grade  

material  of  

widt  h  of   

supervisors  to  superintend  con- 
struction of  

removal  of  obstructions  to  

drains  and  gutters  to  be  kept 

open  

drains  across  to  be  boxed  

steps,  platforms,  etc.,  not  to  ex- 
tend on  more  than  3  feet__ 
coal  holes  in,  secured  by  iron 
grating  


p  sec 

82  30 

82  31 

82  32 

82  33 

82  33 

88  33 


85  1 

85  2 

85  2 

85  2 


88  6 

89  6 


GENERAL  INDEX  TO  ORDINANCES. 


115 


P 

hitching  posts  on    Main  and 

Vermilion  streets  89 

awnings  ;  construction  of  89 

merchandise,  etc.,  not  to  be 

placed  on  89 

signs,  etc.,  overhanging  89 

sales  on   89 

signs  extending  on,  securely 

fastened   90 

passage  way  upon  to  be  kept 

open   90 

riding  or  driving  upon  90 

kept    free  from  obstructions, 

snow,  weeds,  etc   90 

kept  open  and  passable  90 

falling  water  on  91 

obstructions  by  teams,  etc  91 

STREETS  AND  ALLEYS — 

obstructions  of   91 

removing  buildings  through  or 

across   92 

encroachments  upon  92 

owner  of  encroachments  to  re- 
move   92 

duty  of  officers  to  remove  ob- 
structions  92 

incumbrances   92 

excavations,  etc.,  of   92 

excavations  of  to  be  inclosed__  93 
excavations  of  not  to  be  made 

without  permit   93  • 

excavations  of  to  be  refilled  93 

tearing  up  of,  also  bridge  or 

culvert,  to  be  repaired  93 

supervisors  to  repair   93 

monuments  not  to  be  removed.  93 
removing  earth  from  ;  penalty  94 

rubbish,  ashes,  etc   94 

placing  or    kindling    fire  on 

crossing   94 

obstructions  of  by  fuel,  etc  94 

press  of  teams  94 

incumbrance  and  obstructions 

of  94 

buildings,  etc.,  encroaching  upon 
not  to  be  rebuilt  or  repair- 
ed  94 

obstructing  crossings  of  95 

feeding  or  hawking  on  the  pub- 
lic square   9-3 

labor  upon  95 

supervisors  to  notify  persons  to 

labor  on  I  95 

persons  required  to  labor  on  to 
furnish  tools   95 


9 
9 
9 

i 

13 
14 
15 
16 


persons  required  to  labor  on 

eight  hours  per  day  

disorder  of  laborers  on  

money  paid  in  lieu  of  labor  on 
refusing  to  labor  on — penalty. 
VEHICLES — 

draymen  to  obtain  license  

amount  to  be  paid  forlicense__ 
merchants,  etc.,  deliver  goods 
without  charge,  no  license 
minor  or  non-residents  not  to 

have  license  

bond  executed   before  license 

granted  

bond,  by  whom  sued  on  

city  clerk  to  number  license., 
dray  to  be  numbered  as  license 

charges  for  drayage  

conduct  of  drayman  or  hack 

driver  

profane  or  abusive  language  by 
drayman  or  hack  driver. _ 
drayman  obstructing  streets. _ 

drayman  flourishing  whips  

refusal  of  drayman  to'  carry 

article  or  load  

extra  charge — penalty  

stopping  place  by  drayman  

city  marshal  to  designate  stands 

for  dray  or  omnibus  

licensed  persons  to  keep  cer- 
tificated copy  of  5th  and 

6th  sections  

false  copy — penalty  

9  WEIGHER— 

lOj    appointed  annually  

to  be  in  readiness  at  reasonable 

hours  

book  kept  by — kind  and  weight 

of  each  load  entered  

for  whom  weighed,  entered  in 

book  

certificate  of  weight  issued  by. 
penalty  for  selling  without  cer- 
tificate of  

fees  for  weighing   _ 

certificate   of  to    state  gross 

weight  

net  weight  determined  by  

vehicles  branded  not  to  be  re- 
weighed   

to  brand  vehicle  when  required 
register  of  certificates  to  be 

kept  

ton  of  hay,  two  thousand 
21 i  pounds  


p 

sec 

95 

22 

95 

22 

95 

23 

95 

23 

Qfi 

i 

yo 

i) 
z 

96 

3 

96 

4 

Qfi 

A 
t 

Qft 

A 

*± 

97 

5 

97 

5 

a 
O 

97 

7 

97 

7 

f)7 

7 

97 

8 

97 

9 

97 

10 

97 

11 

97 

11 

.97 

12 

1  9 

98 

1 

98 

2 

Q8 

O 
a 

98 

2 

98 

2 

98 

3 

99 

4 

99 

5 

99 

5 

116 


GENERAL  INDEX  TO  ORDINANCES. 


p    seci  p  sec 

quantity  of  articles  estimated  j    alteration  of  certificate  99  8 

by  State  laws   99      7|    diligence  by  for,  violations  99  8 


UNIVERSITY  OF  ILLINOIS-URBANA 


3  0112  114128371 


